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MENDLER v. FED. INS. CO.

159 Misc.2d 1099 (1993)

607 N.Y.S.2d 1000

Henry Mendler et al., Plaintiffs, v. Federal Insurance Company, Defendant and Third-Party Plaintiff. A.D. Winston Corp. et al., Third-Party Defendants. Henry Mendler et al., Plaintiffs, v. A.D. Winston Corp. et al., Defendants.

Supreme Court, New York County.

December 22, 1993

Attorney(s) appearing for the Case

Fred Lichtblau for plaintiffs. Bouck, Holloway, Kiernan & Casey for Federal Insurance Company, defendant and third-party plaintiff. Bower & Gardner (Susan S. Safer of counsel), for A.D. Winston Corp., defendant. Schneck Weltman Hashmall & Mischel (Geraldine Koeneke Russell of counsel), for Ted Bombola, individually and doing business as Surowiec Trucking & Excavating, defendant. Quirk & Bakalor, P. C., for Donald C. Kraft, individually and doing business as Chatham Fuel, defendant.

PETER TOM, J.

Plaintiffs move for an order, pursuant to CPLR 3025 (b), granting leave to serve an amended verified complaint to include a cause of action based on Navigation Law § 181 which permits a private right action against a person who discharges petroleum into the waters of the State for the costs of cleanup and removal as well as related damages.

Plaintiff Henry Mendler owns the residential...

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