In an action, inter alia, pursuant to Navigation Law § 181 for a judgment declaring that the plaintiff is entitled to indemnification and damages resulting from the defendant's discharge of petroleum, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Marber, J.), entered February 9, 2012, as granted the defendant's motion pursuant to CPLR 3211 (a) (1) and (5) to dismiss the complaint on the ground of a defense...
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