MATTER OF STATE OF NEW YORK

483 CA 16-02020.

152 A.D.3d 1169 (2017)

2017 NY Slip Op 05525

59 N.Y.S.3d 624

In the Matter of STATE OF NEW YORK, Appellant, for an Order Pursuant to Article 12 of the Navigation Law to Enter Real Property Commonly Known as 55 Main Street, Addison. ESSEX PROPERTY MANAGEMENT, LLC, Respondent.

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

Decided July 7, 2017.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the matter is converted to an action for declaratory judgment, and judgment is granted in favor of petitioner as follows:

It is adjudged and declared that Navigation Law article 12 permits petitioner to use retained agents and contractors operating under its direction for the purpose of entering and inspecting any property with suspected petroleum discharges and...

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