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STATE OF NEW YORK v. ARTHUR L. MOON, INC.

256 A.D.2d 862 (1998)

683 N.Y.S.2d 439

STATE OF NEW YORK, Respondent, v. ARTHUR L. MOON, INC., et al., Defendants, and LUCINDA STRAND, Appellant.

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

Decided December 17, 1998.

Mercure, J.

Plaintiff commenced this action pursuant to Navigation Law article 12 against, inter alia, defendant Lucinda Strand (hereinafter defendant) to recover cleanup costs it had expended in connection with a discharge of heating oil from an above-ground storage tank on defendant's property in the Town of Saugerties, Ulster County. Following defendant's unsuccessful motion for summary judgment dismissing the complaint against her (see,

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