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WEVER PETROLEUM v. GORD'S LTD

225 A.D.2d 27 (1996)

649 N.Y.S.2d 726

Wever Petroleum, Inc., Respondent, v. Gord's Ltd., Appellant. (Action No. 1.) Mark Lecuyer et al., Plaintiffs, v. Wever Petroleum, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents. Gord's Ltd., Third-Party Defendant-Appellant. (Action No. 2.) (And Another Related Action and Third-Party Action.)

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

October 31, 1996

Attorney(s) appearing for the Case

Carter, Conboy, Case, Blackmore, Napierski & Maloney, P. C., Albany (Joseph T. Johnson of counsel), for appellant.

DiFabio, Tommaney & Legnard, P. C., Albany (Michael D. DiFabio of counsel), for Wever Petroleum, Inc. and another, respondents.

MIKOLL, CREW III, YESAWICH JR. and SPAIN, JJ., concur.

CARDONA, P. J.

In October 1986, Gord's Ltd. (hereinafter Gord) contracted with Wever Petroleum, Inc. to install three 6,000-gallon underground fuel storage tanks and associated piping on property owned by Wever located in the Village of Stillwater, Saratoga County. Subsequently, leaks developed in the system which allowed fuel to escape and contaminate Wever's property, as well as residential properties of adjacent...

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