COLONIE MOTORS v. HARTFORD


145 A.D.2d 180 (1989)

Colonie Motors, Inc., Appellant, v. Hartford Accident and Indemnity Company, Respondent

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

February 23, 1989


Attorney(s) appearing for the Case

Cooper, Erving, Savage, Nolan & Heller (Mark E. Watkins of counsel), for appellant.

Horigan, Horigan, Pennock & Lombardo, P. C. (Thomas V. Blaber of counsel), for respondent.

MIKOLL, YESAWICH, JR., MERCURE and HARVEY, JJ., concur.


CASEY, J. P.

Plaintiff seeks to recover, under a liability insurance policy issued to it by defendant, the costs incurred by plaintiff in the clean-up of waste oil which leaked out of a crack in the underground piping of a containment unit located on plaintiff's property into the soil and ground water of a neighbor's property. Defendant denied coverage, claiming that a pollution exclusion clause in plaintiff...

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