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You are here: Home1 / Environmental Law2 / SUMMARY JUDGMENT PROPERLY GRANTED FOR OIL SPILL ON PLAINTIFF’S P...
Environmental Law

SUMMARY JUDGMENT PROPERLY GRANTED FOR OIL SPILL ON PLAINTIFF’S PROPERTY.

The Second Department determined plaintiff was entitled to summary judgment under the Navigation Law for damages caused by on oil spill on plaintiff’s property. Defendant did not show the oil could not have reached surface water or groundwater:

The Supreme Court correctly determined that the plaintiff made a prima facie showing of her entitlement to judgment as a matter of law by demonstrating that an employee of the appellant overfilled the plaintiff’s oil tanks and discharged oil onto the plaintiff’s premises, and that the plaintiff’s property was damaged as a result of the discharge … . The appellant failed to raise a triable issue of fact in opposition by demonstrating that it did not spill oil “into the waters of the state or onto lands from which it might flow or drain into said waters” … . Contrary to the appellant’s contention, it was not sufficient for it to merely demonstrate that the oil spill on the plaintiff’s property did not actually reach the surface or groundwater. It was required to also demonstrate that the oil spill could not have done so … . Zincke v Pacific Energy Corp., 2017 NY Slip Op 00341, 2nd Dept 1-18-17

ENVIRONMENTAL LAW (SUMMARY JUDGMENT PROPERLY GRANTED FOR OIL SPILL ON PLAINTIFF’S PROPERTY)/NAVIGATION LAW (SUMMARY JUDGMENT PROPERLY GRANTED FOR OIL SPILL ON PLAINTIFF’S PROPERTY)/OIL SPILL (SUMMARY JUDGMENT PROPERLY GRANTED FOR OIL SPILL ON PLAINTIFF’S PROPERTY)

January 18, 2017
Tags: Second Department
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PLAINTIFF DID NOT DEMONSTRATE FREEDOM FROM COMPARATIVE FAULT IN THIS TRAFFIC ACCIDENT CASE, PLAINTIFF’S SUMMARY JUDGMENT MOTION SHOULD HAVE BEEN DENIED (SECOND DEPT).
Defaulting Defendant Forfeits the Right to Discovery Re: Inquest on Damages
The Facts that a Witness Had Given a Statement to the Police and Was on the People’s Witness List Did Not Demonstrate the People Had Control Over the Witness—Request for Missing Witness Charge Properly Denied
STATEMENTS THAT PLAINTIFF’S DECEDENT SIGNED AN “AGAINST MEDICAL ADVICE” FORM BEFORE REFUSING TREATMENT WHICH WERE INCLUDED IN MEDICAL RECORDS AND IN THE DEPOSITIONS OF THE DOCTORS IN THIS MEDICAL MALPRACTICE ACTION WERE NOT ADMISSIBLE AS BUSINESS RECORDS, AS ADMISSIONS, AS DECLARATIONS AGAINST INTEREST, OR PURSUANT TO THE DEAD MAN’S STATUTE; DEFENSE VERDICT REVERSED AND NEW TRIAL ORDERED (SECOND DEPT).
THE CRITERIA FOR LONG-ARM JURISDICTION BASED UPON A TORT COMMITTED “WITHIN THE STATE” CLARIFIED; NEW YORK DID NOT HAVE LONG-ARM JURISDICTION OVER THE OUT-OF-STATE INDIVIDUAL DEFENDANTS, MEMBERS OF AN LLC WHICH SOLD N95 MASKS TO THE NEW YORK PLAINTIFF; IT WAS ALLEGED THE QUALITY OF THE MASKS WAS MISREPRESENTED IN AN EMAIL TO THE NEW YORK PLAINTIFF (FIRST DEPT).

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