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STATE v. TARRYTOWN CORPORATE

225 A.D.2d 82 (1996)

648 N.Y.S.2d 825

State of New York, Appellant-Respondent, v. Tarrytown Corporate Center II et al., Defendants, and Greater New York Mutual Insurance Company, Respondent-Appellant

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

October 31, 1996

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Peter G. Crary and Patrick Barnett-Mulligan of counsel), for appellant-respondent.

O'Connor, O'Connor, Mayberger & First, P. C., Albany (Kimberly A. Troisi of counsel), for respondent-appellant.

CARDONA, P. J., MIKOLL, YESAWICH JR. and SPAIN, JJ., concur.

CREW III, J.

Plaintiff, by its second amended complaint, commenced this action seeking to recover the costs incurred by it in connection with the cleanup and removal of a discharge of petroleum that apparently occurred in January 1981 on or near property owned by defendant Tarrytown Corporate Center II (hereinafter TCC) in the Village of Tarrytown, Westchester County. Insofar as is relevant to this appeal plaintiff...

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