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STATE v. STEWART'S ICE CREAM CO.

64 N.Y.2d 83 (1984)

State of New York, Respondent, v. Stewart's Ice Cream Company, Inc., et al., Defendants, and Brundige Oil Company et al., Doing Business as Brundige Oil Company, Appellants.

Court of Appeals of the State of New York.

Decided December 18, 1984.

Attorney(s) appearing for the Case

Randall J. Ezick for appellants.

Robert Abrams, Attorney-General (Betsy Broder, Robert Hermann and Peter H. Schiff of counsel), for respondent.

Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

Chief Judge COOKE.

When the State has expended moneys from the New York Environmental Protection and Spill Compensation Fund for the cleanup and removal of discharged petroleum, an action for common-law indemnity lies against any party who caused the discharge. Such an action is governed by a six-year Statute of Limitations and accrues upon any related expenditure by the State.

In 1977, the Legislature...

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