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STATE OF NEW YORK v. GREEN

96 N.Y.2d 403 (2001)

754 N.E.2d 179

729 N.Y.S.2d 420

STATE OF NEW YORK, Appellant, v. VANESSA GREEN et al., Defendants, and VILLAGE AT LAKESIDE, INC., Doing Business as LAKESIDE VILLAGE, Respondent.

Court of Appeals of the State of New York.

Decided July 5, 2001.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Patrick Barnett-Mulligan, Daniel Smirlock and Peter G. Crary of counsel), for appellant.

Wichler & Gobetz, P. C., Suffern (Kenneth C. Gobetz of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY and ROSENBLATT concur; Judge GRAFFEO taking no part.

OPINION OF THE COURT

CIPARICK, J.

In this Navigation Law article 12 action, we are asked to decide a question left open in White v Long (85 N.Y.2d 564): whether a faultless landowner on whose property petroleum has spilled is a "discharger" liable for the cleanup costs. While we refuse to impose liability based solely on ownership of contaminated land, we nonetheless...

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