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STATE v. TRAVELERS INDEM.

120 A.D.2d 251 (1986)

State of New York, Appellant, v. Travelers Indemnity Company of Rhode Island, Respondent

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

November 26, 1986

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter G. Crary and William J. Kogan of counsel), for appellant.

John J. Quackenbush and Lawlor & Caulfield (Philip Brian Murphy of counsel), for respondent.

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

CASEY, J. P.

In 1978, as the result of a petroleum leak traced to the underground storage tanks of Ken's Exxon Service Station in Kauneonga Lake, Sullivan County, which was owned and operated by Kenneth and Rosemary Van Loan, the soil and underground water of the area was being contaminated. The underground water was in the nature of percolating water existing in three types of rock strata. There were no underground...

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