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STATE OF NEW YORK v. SPEONK FUEL

307 A.D.2d 59 (2003)

762 N.Y.S.2d 674

STATE OF NEW YORK, Appellant-Respondent, v. SPEONK FUEL, INC., Respondent-Appellant, et al., Defendants.

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

July 3, 2003.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Edward Lindner of counsel), for respondent.

Nicholas J. Damadeo P.C., Smithtown (Nicholas J. Damodeo of counsel), for appellant.

CARPINELLO, ROSE, LAHTINEN and KANE, JJ., concur.

OPINION OF THE COURT

SPAIN, J.P.

Plaintiff commenced this action on September 26, 1996, pursuant to Navigation Law article 12, to recover funds expended by the New York Environmental Protection and Spill Compensation Fund (hereinafter Fund) for the cleanup of a fuel storage tank that leaked on property located on Montauk Highway in East Quogue, Suffolk County. In March 1986, after the leaking tank had been removed, defendant Speonk Fuel, Inc., purchased...

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