STATE v. JOSEPH


29 A.D.3d 1233 (2006)

816 N.Y.S.2d 214

STATE OF NEW YORK, Respondent-Appellant, v. CHARLES JOSEPH, Defendant, and PAL OIL, INC., Appellant-Respondent, and CNA FINANCIAL CORPORATION, Doing Business as FIDELITY & CASUALTY COMPANY OF NEW YORK, Respondent.

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

May 25, 2006.


Mercure, J.P.

Defendant Charles Joseph owned and operated two gas stations located at the intersection of Routes 96 and 88 in the Town of Phelps, Ontario County. Defendant Pal Oil, Inc. supplied petroleum products to both gas stations from 1982 to 1992. In July 1992, the Department of Transportation discovered gasoline in the groundwater near the gas stations and reported its findings to the Department of Environmental...

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