STATE OF NEW YORK v. DEWEY


260 A.D.2d 924 (1999)

688 N.Y.S.2d 840

STATE OF NEW YORK, Respondent, v. VIRGINIA P. DEWEY, Individually and Doing Business as QUICK AS A WINK OIL COMPANY, N.J. PASTUSHAN, et al., Appellants, et al., Defendants.

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

Decided April 22, 1999.


Carpinello, J.

Plaintiff commenced this action in Supreme Court to recover costs expended for the cleanup and removal of petroleum at a site owned by defendants. The appealing defendants thereafter counterclaimed for property damage allegedly incurred during plaintiff's cleanup operation or, alternatively, seeking equitable recoupment, offset and/or transfer of the counterclaim to the Court of Claims. Plaintiff moved for an order dismissing defendants' counterclaim...

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