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  5. 257 A.D.2d 708 (1999)
 

STATE OF NEW YORK v. SUPER VALUE, INC.

257 A.D.2d 708 (1999)

682 N.Y.S.2d 492

STATE OF NEW YORK, Respondent, v. SUPER VALUE, INC., Appellant.

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

Decided January 7, 1999.

Mikoll, J. P.

This matter puts in issue the question of whether statutory penalties awarded against defendant for gasoline spills from its service station tanks after a trial by jury were excessive and whether Supreme Court erred in permitting plaintiff to amend its ad damnum clause on the eve of trial.

Plaintiff commenced this action against defendant on May 3, 1988 to recover costs incurred by plaintiff to investigate...

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