State v. City of Yonkers

Appellate Division of the Supreme Court of New York

State v. City of Yonkers

293 A.D.2d 739, 741 N.Y.S.2d 430, 2002 N.Y. App. Div. LEXIS 4170

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 29, 2002

StatusPublished

Cited by1 cases

This text of 293 A.D.2d 739 (State v. City of Yonkers) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. City of Yonkers, 293 A.D.2d 739, 741 N.Y.S.2d 430, 2002 N.Y. App. Div. LEXIS 4170 (N.Y. Ct. App. 2002).

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Opinion

In an action pursuant to article 12 of the Navigation Law, the defendant appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered November 28, 2000, which granted the plaintiff’s motion for summary judgment on its cause of action to recover environmental cleanup costs.

Ordered that the order is affirmed, with one bill of costs.

Contrary to the defendant’s contention, the plaintiff is entitled to recover all of the costs it expended in the cleanup of the petroleum spill (see Navigation Law § 181 [1]; State of New York v Helaria, Sup Ct, Albany County, Oct. 9, 1998, Ferradino, J., Index No. 61-94, affd 267 AD2d 753; cf. United States v Hyundai Merchant Mar. Co., 172 F3d 1187, 1191 [9th Cir 1999], cert denied 528 US 963; United States v Beatty, Inc., 401 F Supp 1040 [WD Ky 1975]). Ritter, J.P., Smith, Krausman and Townes, JJ., concur.

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In an action pursuant to article 12 of the Navigation Law, the defendant appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered November 28, 2000, which granted the plaintiff’s motion for summary judgment on its cause of action to recover environmental cleanup costs.

Ordered that the order is affirmed, with one bill of costs.

Contrary to the defendant’s contention, the plaintiff is entitled to recover all of the costs it expended in the cleanup of the petroleum spill (see Navigation Law § 181 [1]; State of New York v Helaria, Sup Ct, Albany County, Oct. 9, 1998, Ferradino, J., Index No. 61-94, affd 267 AD2d 753; cf. United States v Hyundai Merchant Mar. Co., 172 F3d 1187, 1191 [9th Cir 1999], cert denied 528 US 963; United States v Beatty, Inc., 401 F Supp 1040 [WD Ky 1975]). Ritter, J.P., Smith, Krausman and Townes, JJ., concur.

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Bluebook (online)

293 A.D.2d 739, 741 N.Y.S.2d 430, 2002 N.Y. App. Div. LEXIS 4170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-city-of-yonkers-nyappdiv-2002.

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