Court rejects suit over Copiague gas leak
New York State's Court of appeals has blocked Sunrise Harbor Realty's attempt to win $1 million for pollution damages stemming from an underground leak at a Hess gas station in Copiague. Credit: AP
ALBANY -- New York's highest court Tuesday blocked a Suffolk County realty company's attempt to win $1 million for pollution damages stemming from an underground leak at a Hess gas station in Copiague.
Sunrise Harbor Realty had originally won a $1 million judgment in 2009 to clean up contaminated soil and groundwater beneath a commercial building it owns on Sunrise Highway near 35th Street. It alleged that the contamination migrated underground from the adjacent gas station.
Last summer, a midlevel appeals court struck down the award, saying the trial court erred in allowing certain evidence, and ordered a new trial.
The realty company sought to reinstate the original award and asked the state's highest court, the Court of Appeals, to hear the case. The court declined, meaning the lawsuit will now return to Suffolk County for a new trial.
"We're obviously glad for our clients," said David Kremen, the lawyer for Amerada Hess and the company that owns the gas station property, 35th Sunrise Corp. The companies claimed that the cleanup damages should be limited to $172,000.
Attorneys for Sunrise Harbor Realty didn't immediately return a call for comment.
Snow totals may be less across the South Shore A winter storm is expected to pummel LI as artic air settles in across the region. NewsdayTV meteorologist Geoff Bansen has the forecast.
Snow totals may be less across the South Shore A winter storm is expected to pummel LI as artic air settles in across the region. NewsdayTV meteorologist Geoff Bansen has the forecast.
