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STATE OF NY v. TARTAN OIL

219 A.D.2d 111 (1996)

638 N.Y.S.2d 989

State of New York, Plaintiff, v. Tartan Oil Corporation et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants, et al., Defendant. Chevron U.S.A., Inc., et al., Third-Party Defendants-Appellants-Respondents; Petroleum Facilities, Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant

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

March 14, 1996

Attorney(s) appearing for the Case

Kenneth L. Robinson, Melville, for Tartan Oil Corporation and another, defendants and third-party plaintiffs-respondents-appellants.

LaFave & Associates, Delmar (Patrick J. Higgins of counsel), for Chevron U.S.A., Inc., third-party defendants-appellants-respondents.

MIKOLL, J. P., CREW III, WHITE and YESAWICH JR., JJ., concur.

MERCURE, J.

In 1984, gasoline was discovered in groundwater near a service station operated by defendants Tartan Oil Corporation and Rally Oil Company (hereinafter collectively referred to as defendants) in the Town of Smithtown, Suffolk County. Plaintiff expended $167,236.30 to contain, remove and mitigate the discharge and, thereafter, brought this action against, inter alia, defendants, alleging their...

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