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STATE v. NY CENT MUT FIRE INS.

147 A.D.2d 77 (1989)

State of New York, Respondent, v. New York Central Mutual Fire Insurance Company, Appellant

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

June 1, 1989

Attorney(s) appearing for the Case

Bouck, Holloway, Kiernan & Casey (L. John Van Norden of counsel), for appellant.

Robert Abrams, Attorney-General (Peter G. Crary and Wayne L. Benjamin of counsel), for respondent.

MAHONEY, P. J., WEISS, MIKOLL and LEVINE, JJ., concur.

YESAWICH, JR., J.

Plaintiff brought this action pursuant to Navigation Law § 190 to recover money expended by the New York Environmental Protection and Spill Compensation Fund to clean up a home heating oil spill which occurred between July 29, 1985 and August 19, 1985. The spill of 250 gallons apparently resulted from a leak in a fuel line between a storage tank and the furnace in the home of defendant...

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