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PETR-ALL v. FIREMAN'S INS. CO

188 A.D.2d 139 (1993)

Petr-All Petroleum Corporation, Appellant-Respondent, v. Fireman's Insurance Company of Newark, Respondent-Appellant, and Aetna Casualty & Surety Company, Respondent

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

February 5, 1993

Attorney(s) appearing for the Case

Hancock & Estabrook, Syracuse (Alan Pierce of counsel), for appellant-respondent.

Bower & Gardner, New York City (Sidney Rosen of counsel), for respondent-appellant.

Mackenzie, Smith, Lewis, Michell & Hughes, Syracuse (Stephen Helmer of counsel), for respondent.

CALLAHAN, J. P., GREEN, FALLON and DOERR, JJ., concur.

BALIO, J.

In July of 1990, Peter and Margaret O'Neill commenced an action against Petr-All Petroleum Corporation (Petr-All) and Mobil Oil Corp., alleging that, during their operation of a gas station in the Village of Skaneateles from the early 1970's to the present date, defendants "negligently, and perhaps intentionally, disposed of[,] spilled, and caused to leak onto and into the ground, petroleum products...

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