Opinion
2001-07284
Argued October 11, 2002.
October 28, 2002.
In an action, inter alia, for a permanent injunction pursuant to ECL 71-2703 to compel the defendants to remove contaminated soil from certain real property, the defendant James McGrane appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated June 14, 2001, which granted the plaintiffs' motion for summary judgment.
Laura Zeisel, P.C., New Paltz, N.Y., for appellant.
Eliot Spitzer, Attorney-General, Albany, N.Y. (Peter H. Schiff and D. Scott Bassinson of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the contention of the defendant James McGrane, the president and sole shareholder of the defendant Clean Earth of New York, Inc., the Supreme Court properly granted the plaintiffs' motion for summary judgment against him in his individual capacity. In support of their motion for summary judgment, the plaintiffs submitted evidence that McGrane himself participated in violations of the Environmental Conservation Law, and McGrane failed to submit evidence to raise a triable issue of fact in opposition (see Malin v. Wolf Petroleum Corp., 272 A.D.2d 527, 528; Matter of Jackson's Marina v. Jorling, 193 A.D.2d 863, 866; cf. State of New York v. Shore Realty Co., 759 F.2d 1032, 1052).
O'BRIEN, J.P., KRAUSMAN, TOWNES and RIVERA, JJ., concur.