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MANCUSO v. CONSOLIDATED EDISON CO. OF NEW YORK

No. 93 Civ. 0001 (WCC).

905 F.Supp. 1251 (1995)

Frank MANCUSO, Ellen Mancuso, individually and on behalf of their children, Deanna and Theresa Mancuso and F. Mancuso Boat Yard, Inc. d/b/a Echo Bay Marine, Plaintiffs, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant.

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

November 3, 1995.

Attorney(s) appearing for the Case

John A. Tartaglia, White Plains, New York (John A. Tartaglia, of counsel), for plaintiffs.

Charles E. McTiernan, Jr., New York City (Richard J. Giglio, Thomas J. Puppa, of counsel), for defendant.

WILLIAM C. CONNER, Senior District Judge.

This action is a citizen suit brought under the Clean Water Act, see 33 U.S.C. § 1365, to which plaintiffs have added pendent claims under New York state law for personal injuries and property damage. On December 12, 1994, Judge Vincent L. Broderick granted the defendant's motion for partial summary judgment dismissing the state law claims for property damage as barred by the applicable statute of limitations....

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