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STATE v. B & P AUTO SERVICE CENTER, INC.

29 A.D.3d 1045 (2006)

814 N.Y.S.2d 367

STATE OF NEW YORK, Appellant-Respondent, v. B & P AUTO SERVICE CENTER, INC., et al., Defendants, and SMOOK & SONS REALTY COMPANY et al., Respondents-Appellants.

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

May 4, 2006.

Mercure, J.P.

Following a report of a petroleum spill in 1987 and an extensive investigation, the Department of Environmental Conservation (hereinafter DEC) contracted for the cleanup of property owned by defendant Smook & Sons Realty Company and its partners (hereinafter collectively referred to as Smook) and leased as a gasoline station to defendant O.S. Free Corporation. Although Free notified Smook in April 1987 that an overfill of one of the site's underground...

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