ROUTE 7 MOBIL, INC. v. MACHNICK BUILDERS, LTD.


296 A.D.2d 809 (2002)

745 N.Y.S.2d 336

ROUTE 7 MOBIL, INC., Appellant, v. MACHNICK BUILDERS, LTD., Respondent.

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

Decided July 25, 2002.


Mugglin, J.

In 1988, plaintiff contracted with defendant to build a Mobil Mini-Mart consisting of a convenience store and three gas pump islands served by four underground fuel tanks for the sum of $387,000. In the fall of 1992, plaintiff began to experience water contamination in the underground diesel fuel tank. In an effort to remedy the problem, plaintiff extended the fill pipe on the diesel tank. In 1999, plaintiff's lessee discovered that the flange connecting...

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