STATE v. AETNA CAS. & SUR. CO.


155 A.D.2d 740 (1989)

State of New York, Appellant, v. Aetna Casualty and Surety Company, Respondent

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

November 9, 1989


Harvey, J.

This action was brought by plaintiff pursuant to Navigation Law article 12 to recover the costs incurred in the cleanup of an area allegedly contaminated by the leakage of an underground gasoline storage tank owned by the insured, Augsbury Corporation, and located on property owned by Neil and Emily Leonard. During an investigation of a particular water supply, the storage tank was dug up and a very small leak was discovered. Defendant denied...

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