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MATTER OF 310 SOUTH BROADWAY CORPORATION v. McCALL

275 A.D.2d 549 (2000)

712 N.Y.S.2d 206

In the Matter of 310 SOUTH BROADWAY CORPORATION et al., Appellants, v. H. CARL McCALL, as Comptroller of the State of New York, et al., Respondents.

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

Decided August 3, 2000.

Spain, J.

Petitioners own two parcels of real property in the City of Yonkers, Westchester County, at which their tenant operated gas stations. When the tenant failed to comply with the terms of a consent order it had entered into with the Department of Environmental Conservation for remediation of petroleum discharges at the sites, petitioners applied for compensation from the New York Environmental Protection and Spill Compensation Fund (hereinafter the Fund) based...

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