· 12/18/1984
State v. Stewart's Ice Cream Co.
Citations
- 64 N.Y.2d 83
- 473 N.E.2d 1184
- 484 N.Y.S.2d 810
- 1984 N.Y. LEXIS 4786
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the State could bring an action for common law indemnity to recover funds that it had expended for the cleanup and removal of discharged petroleum from any party who caused the discharge
- applying the six-year Statute of Limitations in a case where New York State cleaned up a spill for which the Defendant was responsible explaining that it was a case of indemnity and an implied contract is created when a third party assumes another’s debt or obligation
- in cases where unjust enrichment would result from third party assuming debt or obligation of another, contract to reimburse or indemnify is implied by law
- Court of Appeals found that an indemnification action was proper where the state had a statutory duty to remediate petroleum contamination
Source: CourtListener parenthetical corpus (CC0).
Judges: Cooke
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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