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STATE OF N Y v. AVERY-HALL CORP.

279 A.D.2d 199 (2001)

719 N.Y.S.2d 735

STATE OF NEW YORK, Plaintiff, v. AVERY-HALL CORPORATION et al., Defendants and Third-Party Plaintiffs-Appellants. CHEVRON U.S.A., INC., Third-Party Defendant-Respondent.

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

January 18, 2001.

Attorney(s) appearing for the Case

Jaeckle, Fleischmann & Mugel, L. L. P., Buffalo (Christopher J. Dow of counsel), for defendants and third-party plaintiffs-appellants.

Woods, Oviatt & Gilman, L. L. P., Rochester (Michael J. Nolan of counsel), for third-party defendant-respondent.

Trevette, Lenweaver & Salzer, Rochester (Louis B. Cristo of counsel), for American Petroleum Institute, amicus curiae.

CARDONA, P.J., MERCURE, CREW III and PETERS, JJ., concur.

OPINION OF THE COURT

ROSE, J.

In 1979, defendant Avery-Hall Corporation acquired title to a parcel of land located in the Town of Middleport, Niagara County, that had been used as a gas station from approximately 1950 to 1976. During most of that time period, Gulf Oil Corporation, the predecessor in interest to third-party defendant, Chevron U.S.A., Inc., sold gasoline to the owners of the station. Gulf never owned, leased or operated the station. Gulf gasoline...

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