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KULPA v. STEWART'S ICE CREAM

144 A.D.2d 205 (1988)

Cecile Kulpa, Respondent, v. Stewart's Ice Cream et al., Appellants

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

October 27, 1988

Casey, J.

In January and February 1979, the Department of Transportation (hereinafter DOT) conducted tests of water from plaintiff's well, based upon an earlier complaint, and found it contained more than three times the acceptable level of gasoline. Plaintiff's neighbor, Charles Phillips, also complained of gasoline in his well water. DOT traced the source to a leak in a 1,000-gallon gasoline storage tank located on premises owned by defendant Stewart...

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