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MALIN v. BILL WOLF PETROLEUM CORP.

272 A.D.2d 527 (2000)

708 N.Y.S.2d 888

GEORGE L. MALIN, as Executor of ANN K. MALIN, Deceased, Respondent, v. BILL WOLF PETROLEUM CORP. et al., Appellants, et al., Defendants.

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

Decided May 22, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff established by sufficient evidence that the appellants were "dischargers" who contributed to the contamination of the subject property. Thus, there are no material issues of fact regarding their liability for the contamination under Navigation Law § 181 (5) (see, Leone v Leewood Serv. Sta., 212 A.D.2d 669...

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