POPOLIZIO v. CITY OF SCHENECTADY


269 A.D.2d 670 (2000)

701 N.Y.S.2d 755

FRANK POPOLIZIO et al., Appellants, v. CITY OF SCHENECTADY, Respondent.

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

Decided February 10, 2000.


Spain, J.

As the result of a tax foreclosure proceeding, defendant acquired title to certain real property in January 1994 and, approximately two months later, sold the property to plaintiffs at public auction. After plaintiffs removed existing underground petroleum storage tanks from the property, it was determined that several of the tanks had leaked prior to removal. As owners of the property at the time the discharge was discovered, plaintiffs are strictly liable...

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