WHITE v. LONG


229 A.D.2d 178 (1997)

655 N.Y.S.2d 176

David R. White, Respondent, v. Robert Long, Appellant and Third-Party Plaintiff-Appellant. Shell Oil Company, Inc., et al., Third-Party Defendants-Respondents

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

March 20, 1997


Attorney(s) appearing for the Case

Donohue, Sabo, Varley & Armstrong, P. C., Albany (Kathleen L. Werther of counsel), for appellant and third-party plaintiff-appellant.

Ronald Sinzheimer, P. C., Albany (Jeffrey D. Dillabough of counsel), for respondent.

Anderson Kill & Olick, P. C., New York City (Erik T. Sorensen and Mark L. Weyman of counsel), for Shell Oil Company, Inc., third-party defendant-respondent.

Pozefsky, Bramley & Murphy, Albany (Anthony J. Murphy of counsel), for Red-Kap Sales, Inc., third-party defendant-respondent.

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


CARDONA, P. J.

When this case was previously before us (204 A.D.2d 892), we dismissed all of plaintiff's claims seeking to recover the clean-up costs at the site of a former gas station located at 274 Delaware Avenue in the City of Albany. Plaintiff purchased the property from defendant in 1988 with the intent of establishing a Kentucky Fried Chicken franchise at that location...

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