New York Court of Appeals

State of New York, Appellant v. Vanessa Green, Defendants, and Village at Lakeside, Inc., Doing Business as…

July 5, 200196 N.Y.2d 403

Summary

The New York Court of Appeals held that a landowner who controls its premises and knows petroleum will be stored there is a "discharger" liable for cleanup costs under Navigation Law §181(1). Accordingly, the Court reversed the Appellate Division and reinstated summary judgment against Village at Lakeside, Inc.