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WHITE v. LONG

85 N.Y.2d 564 (1995)

650 N.E.2d 836

626 N.Y.S.2d 989

David R. White, Appellant, v. Robert Long, Respondent.

Court of Appeals of the State of New York.

Decided May 4, 1995.

Attorney(s) appearing for the Case

Ronald H. Sinzheimer, P. C., Albany (Ronald H. Sinzheimer and Peter J. Molinaro of counsel), for appellant.

Donohue, Sabo, Varley & Armstrong, P. C., Albany (Kathleen L. Werther of counsel), for respondent.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

Chief Judge KAYE.

Environmental liability is not at the heart of this appeal. Who pays is. In this case, we are asked to determine if a property owner, deemed a pollutant-discharger under the Navigation Law, has a cause of action against a previous owner-discharger for the cost of cleaning up a contaminated site.

The undisputed facts are as follows. From around 1984 to 1987, defendant Long operated a...

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