Appellate Division Affirms Supreme Court Dismissal in Favor of Lewis Johs Client

Ann Kandel, Amy Bedell and Karen Berberich were successful in the Appellate Division, Second Department wherein the Court affirmed the prior Supreme Court dismissal of a Navigation Law §181 claim.  We represented a corporate entity which supplied oil to the plaintiffs. The plaintiffs brought a lawsuit seeking 1.3 million in damages as a result of an oil spill at that property.  The appellate court found that the plaintiffs were ‘dischargers’ within the meaning of the statute and were barred from pursuing a statutory claim, and further determined that our client satisfied its burden of proving that it did not cause or contribute to the spill. 


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