Opinion
December 16, 1999
Cross appeals from an order of the Supreme Court (Ferradino, J.), entered October 14, 1998 in Albany County, which, inter alia, partially granted plaintiff's motion for summary judgment.
Robert G. Del Gadio, Uniondale, for Getty Petroleum Corporation, appellant-respondent.
Larson-King LLP (David C. Linder of counsel), St. Paul, Minnesota, and O'Connor, O'Connor, Mayberger First (Colleen D. Galligan of counsel), Albany, for Nationwide Mutual Fire Insurance Company, appellant-respondent.
Arnold P. Azarow, Garden City, for Besaleo Delaria and others, appellants-respondents.
Eliot Spitzer, Attorney-General (Patrick Barnett Mulligan of counsel), Albany, for respondent-appellant.
Before: MERCURE, J.P., PETERS, SPAIN, CARPINELLO and GRAFFEO, JJ.
MEMORANDUM AND ORDER
We agree with the rationale expressed by Supreme Court in partially granting the State's motion for summary judgment and add only that we do not agree with its reliance on Commonwealth of Puerto Rico v. SS Zoe Colocotroni ( 456 F. Supp. 1327, affd in part, vacated in part 628 F.2d 652, cert denied 450 U.S. 912).
MERCURE, J.P., PETERS, SPAIN, CARPINELLO and GRAFFEO, JJ., concur.
ORDERED that the order is affirmed, without costs.