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)