C&J Cleaners v. Gaco Fashioned Furniture, Inc.

85 A.D.3d 1079 (2d Dept. 2011).  We obtained dismissal of claims brought for environmental contamination emanating from an underground oil tank.  The appellate court agreed with us that our clients were not the owners of the underground tank as a matter of law and that they did not assume any responsibility for its maintenance and repair.  In addition, the court held that our clients did not have the capacity to take action to prevent the oil spill or clean up the resulting contamination, and therefore had no liability as alleged “dischargers” under the NYS Navigation Law.