Ordered that the order is reversed, with costs, the cross motion is denied, and the matter is remitted to the Supreme Court, Nassau County, for a de novo determination of the plaintiff's motion in accordance herewith.
The defendant Commander Oil Corporation doing business as Commander Terminals (hereinafter Commander) operates an oil terminal and storage facility on upland property it owns on Oyster Bay Harbor (hereinafter the harbor). The facility includes a dock...
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