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STATE v. STEWART'S ICE CREAM

99 A.D.2d 201 (1984)

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

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

March 1, 1984

Attorney(s) appearing for the Case

Carter, Conboy, Bardwell, Case & Blackmore (Marilyn S. Raskin of counsel), for appellants-respondents.

Robert Abrams, Attorney-General (Betsy Broder and Peter J. Dooley of counsel), for respondent-appellant.

MAIN, MIKOLL and WEISS, JJ., concur with MAHONEY, P. J.; YESAWICH, JR., J., concurs in part and dissents in part in a separate opinion.

MAHONEY, P. J.

The facts are undisputed. On or about September 8, 1978, defendants are alleged to have caused a discharge of petroleum in a water well in the Village of Hagaman, Montgomery County. The New York Environmental Protection and Spill Compensation Fund expended $9,964.28 to contain, remove and mitigate the discharge. On August 10, 1982, plaintiff State of New York commenced the instant action pursuant...

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