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STATE OF NEW YORK v. BROCCO

309 A.D.2d 1107 (2003)

766 N.Y.S.2d 397

STATE OF NEW YORK, Plaintiff, v. NICHOLAS BROCCO et al., Defendants, and JOHN YANDOLLI, Defendant and Third-Party Plaintiff-Respondent. NORTH BABYLON UNION FREE SCHOOL DISTRICT et al., Third-Party Defendants-Appellants.

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

Decided October 30, 2003.

Spain, J.

In 1999, plaintiff commenced this action pursuant to Navigation Law article 12 to recoup costs expended by the New York Environmental Protection and Spill Compensation Fund to clean up gasoline contamination caused by leaking underground gasoline storage tanks located on property owned by defendant John Yandolli. Thereafter, Yandolli commenced a third-party action against, among others, the North Babylon Union Free School District, alleging that the premises...

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