3 No. 108
State of New York,
Appellant,
v.
Vanessa Green et al.,
Defendants, Village at Lakeside, Inc., d/b/a Lakeside Village,
Respondent.
_________________________________________________________________
2001 NY Int. 92
July 5, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Patrick Barnett-Mulligan, for appellant.
Kenneth C. Gobetz, for respondent.
_________________________________________________________________
CIPARICK, J.:
In this Navigation Law article 12 action, we are asked to decide a
question left open in White v Long (, 85 NY2d 564): whether a
faultless landowner on whose property petroleum has spilled is a
"discharger" liable for the cleanup costs. While we refuse to impose
liability based solely on ownership of contaminated land, we
nonetheless conclude that where, as here, a landowner can control
activities occurring on its property and has reason to believe that
petroleum products will be stored there, the landowner is liable as a
discharger for the cleanup costs.
Defendant Village at Lakeside, Inc. owns a trailer park where
defendant Vanessa Green leased a trailer pad. Green owned and
maintained a 275-gallon, above-ground kerosene tank, which was used to
heat her mobile home and was serviced by defendant H. Reynolds & Sons,
Inc. In January 1992, the tank fell, spilling kerosene on the ground.
No attempt was made to clean up the spill until the State intervened
and removed the discharge at a cost in excess of $15,000.
The State then commenced this action against all three defendants
pursuant to Navigation Law article 12 to recover its cleanup costs.
Although Green did not appear, Lakeside and Reynolds answered and
asserted cross claims for indemnification against each other and
Green. Lakeside then sought summary judgment dismissing the complaint
against it, arguing that because it did not own, maintain or install
SNIPPETS:
State of New York, Appellant, v. Vanessa Green et al., Defendants, Village at Lakeside, Inc.,
Kenneth C. Gobetz, for respondent.
In this Navigation Law article 12 action, we are asked to decide a question left open in
While we refuse to impose liability based solely on ownership of contaminated land, we
Defendant Village at Lakeside, Inc. owns a trailer park where defendant Vanessa Green leased
In January 1992, the tank fell, spilling kerosene on the ground.
Lakeside and Reynolds answered and asserted cross claims for indemnification against each
The State cross-moved for summary judgment, contending that, as owner of the property on
Supreme Court denied Lakeside's motion and granted the State's cross motion for summary
The court concluded that Navigation Law § 181limits liability to "the owner of the system
This Court granted the State leave to appealand we now reverse.
To achieve this objective, the Legislature established the "Environmental Protection and
Construing these provisions liberally to effect their legislative purpose, we conclude that
To the contrary, the language is sufficiently broad to include landowners, like Lakeside, who
As the owner and lessor of the trailer park, Lakeside had the ability to control potential
By imposing strict liability on landowners, like Lakeside, article 12 ensures that a
Accordingly, the judgment appealed from and order of the Appellate Division brought up for
Chief Judge Kaye and Judges Smith, Levine, Wesley and Rosenblatt concur.
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