Apple v. State

—In an action, inter alla, to recover damages for fraudulent concealment, breach of contract, indemnification for costs incurred in cleaning up a petroleum discharge pursuant to Navigation Law article 12, and for a judgment declaring, among other things, that the plaintiffs are not liable to the State of New York for costs *399incurred in remediating the petroleum discharge, (1) the plaintiffs appeal from stated portions of an order of the Supreme Court, Westchester County (Donovan, J.), dated August 17, 1998, which, inter alia, (a) denied that branch of their motion which was for summary…