SELIGSON v. RUSSO

601608/99, 6516, 6517

91 A.D.3d 462 (2012)

937 N.Y.S.2d 10

2012 NY Slip Op 102

AARON SELIGSON et al., Appellants-Respondents, v. ALBERT RUSSO et al., Respondents-Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 10, 2012.


The court properly imposed liability for the costs of remediation of the leak from the oil tank under the partnership's building pursuant to the Navigation Law, which imposes strict liability on "[a]ny person who has discharged petroleum" onto land "from which it might flow or drain into" the waters of the state, which include "bodies of ... groundwater" (Navigation Law § 181 [1]; § 172 [8], [18]; see State of New York v New York Cent. Mut. Fire Ins. Co.,

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