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STATE v. PAWTUCKET MUT. INS.

140 Misc.2d 1041 (1988)

State of New York, Plaintiff, v. Pawtucket Mutual Insurance, Defendant.

Supreme Court, Albany County.

August 17, 1988

Attorney(s) appearing for the Case

Bouck, Holloway, Kiernan & Casey (L. John VanNorden of counsel), for defendant. Robert Abrams, Attorney-General (William Buss of counsel), for plaintiff.

HAROLD J. HUGHES, J.

The motion of the defendant for summary judgment will be denied.

The complaint alleges that on June 1, 1984, fuel oil spilled from an oil tank located in the cellar of a residence owned by Beatrice Bonesteel. It is alleged that Mrs. Bonesteel had a homeowner's insurance policy issued by the defendant. It is alleged that the State through its Environmental Protection and Spill...

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