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Posts tagged "Navigation Law"

Oil Tank Owners Beware! DEC Appears To Be Increasing Its Petroleum Storage Enforcement Actions

2018 01 24 Fuel Tank Enforcement Blog Image.jpg

The Second Department Overturns a Jury Award of Stigma Damages in Oil Spill Case

In a recent oil spill case under the Navigation Law, an intermediate state appeals court, the Appellate Division of the State Supreme Court, Second Department overturned a $225,000 jury award of "stigma" damages (plus $61,600 fees award) to a private homeowner for devaluation of his property values - not for clean-up costs - due to contamination that leaked onto this Nassau County property from the neighboring property. Fusco v. State Farm Fire & Cas. Co., 57 A.D.3d 939 (2d Dep't 2008).

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