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  5. 742 F.Supp. 814 (1990)
 

CARLYLE PIERMONT CORP. v. FEDERAL PAPER BD. CO.

No. 89 Civ. 6302(MEL).

742 F.Supp. 814 (1990)

CARLYLE PIERMONT CORPORATION, Plaintiff, v. FEDERAL PAPER BOARD CO., INC., Continental Can Co., Inc., "John Doe Corporations" 1 Through 5 and "John Doe Individuals" 1 Through 5, Defendants. FEDERAL PAPER BOARD CO., INC., Third-party Plaintiff, v. FEDDER TRADING CO., INC., Bush Trading Co., Inc., Droman Realty Co., Inc., "John Doe Corporations" 1 Through 10 and "John Doe Individuals" 1 Through 10, Third-party Defendants.

United States District Court, S.D. New York.

July 11, 1990.

Attorney(s) appearing for the Case

Spitzer & Feldman, P.C., New York City, for plaintiff; Ronald J. Offenkrantz, Michael H. Smith, of counsel.

White & Case, New York City, for defendant Federal Paper Bd. Co., Inc.; Margaret Murphy, of counsel.

Dickerson & Reilly, New York City, for defendant Continental Can Co., Inc.; John H. Reilly, Jr., Charles M. Tomaselli, of counsel.

LASKER, District Judge.

Carlyle Piermont Corporation ("Carlyle") instituted this action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq. (Supp.1987) ("CERCLA" or "Superfund"), and under New York common law for consequential damages, punitive damages and response costs incurred during the discovery, investigation and ultimate clean-up by excavation and physical removal of hazardous...

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