Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 3211 (a) to dismiss the amended complaint is granted.
The defendant formerly leased property used as a gas station. In 1992, during the term of the defendant's tenancy, there was a petroleum spill on the property, and the defendant entered into a stipulation with the New York State Department of Environmental Conservation (hereinafter DEC) to remediate the premises...
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