MERRILL CO. v. STATE


94 A.D.2d 39 (1983)

Merrill Transport Company, Appellant, v. State of New York, Respondent. (Claim No. 65877.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 9, 1983


Attorney(s) appearing for the Case

DeGraff, Foy, Conway, Holt-Harris & Mealey (Michael T. Wallender of counsel), for appellant.

Robert Abrams, Attorney-General (Michael S. Buskus and Jeremiah Jochnowitz of counsel), for respondent.

MAIN, MIKOLL, YESAWICH, JR., and LEVINE, JJ., concur.


MAHONEY, P. J.

On February 2, 1980, a collision occurred between a tractor trailer owned by claimant and operated by its employee and another vehicle on Interstate 87 known as the Northway. The tractor trailer was transporting oil which was discharged upon the highway as a result of the accident. Pursuant to article 12 of the Navigation Law, claimant was required to clean up the oil spill. The cost to claimant far exceeded the insurance coverage of the...

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