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SCOTT v. TRIBOROUGH ENERGY CORP.

Index No. 28743/17E. Appeal No. 13828. Case No. 2020-3831.

194 A.D.3d 529 (2021)

148 N.Y.S.3d 447

2021 NY Slip Op 03126

John A. Scott et al., Appellants, v. Triborough Energy Corp., Respondent.

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

Decided May 13, 2021.

Attorney(s) appearing for the Case

Sunshine, Isaacson & Hecht, LLP, Jericho ( Jeffrey A. Sunshine of counsel), for appellants.

Donohue Law Firm, P.C., New York ( Adam S. Picinich and Robert D. Donohue of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Kennedy, Shulman, JJ.

Plaintiffs, residential homeowners, commenced this action against defendant, their heating oil delivery company, alleging that it caused an oil spill while making a delivery to their home. Navigation Law § 181(5) authorizes a private cause of action in strict liability against a petroleum discharger (see Wheeler v National School Bus Serv., 193 A.D.2d 998, 999 [3d Dept 1993]), so long as the plaintiffs have "not caused or contributed...

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