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STATE v. EXXON CORPORATION

7 A.D.3d 926 (2004)

777 N.Y.S.2d 539

STATE OF NEW YORK, Appellant, v. EXXON CORPORATION, Respondent, et al., Defendants. (And a Third-Party Action.)

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

May 20, 2004.

Mercure, J.

In January 1984, a representative of plaintiff was notified of the presence of gasoline fumes in the basement of a residence located near two gas stations in the Village of Farmingdale, Nassau County. The gas station to the north was owned by defendant Exxon Corporation. In response to the complaint, a Department of Transportation (hereinafter DOT) employee investigated and found gasoline floating in two sniffer wells located

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