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BUSY BEE FOOD STORES v. WCC TANK LINING TECH., INC.

202 A.D.2d 898 (1994)

609 N.Y.S.2d 118

Busy Bee Food Stores, Appellant, v. WCC Tank Lining Technology, Inc., Formerly Known as I.D.C. Tank Lining, Inc., Respondent

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

March 24, 1994

Cardona, P. J.

In 1986 plaintiff contracted with defendant for the preventative maintenance of several of plaintiff's underground gasoline storage tanks located in upstate New York. In September 1986 defendant re-lined two of plaintiff's underground tanks in the community of Apalachin in Tioga County (hereinafter the Apalachin facility) and performed other work in relation to leak prevention. After plaintiff filled the tanks they began to leak. Before...

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