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HUDSON RIVERKEEPER FUND, INC. v. HARBOR AT HASTINGS ASSOCIATES

No. 94 Civ. 2742 (CLB).

917 F.Supp. 251 (1996)

HUDSON RIVERKEEPER FUND, INC., Plaintiff, Village of Hastings-On-Hudson, Plaintiff-Intervenor, v. HARBOR AT HASTINGS ASSOCIATES, FC-Hastings, L.P., East Shore Associates, L.P., East Shore Corporation, and Columbia River Corporation, Defendants. FC-HASTINGS, L.P., and FC-Hastings, Inc., Third-Party Plaintiffs, v. Edward FUCCI, Gregory Fucci, Thomas Ambrosio, Age Carting Corporation, A.N.E. Recycling Corporation, individually and d/b/a Age Carting, Targre Painting Company, Inc., Activated Carting Corporation, Fucci Enterprise Corporation and John Does 1-5, Third-Party Defendants.

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

March 5, 1996.

Attorney(s) appearing for the Case

Karl S. Coplan, Michael Turschmann, Student Intern, Pace Environmental Litigation Clinic, White Plains, NY, for Plaintiff.

Mark Chertok, Sive Paget & Riesel, P.C., New York City, for Plaintiff-Intervenor Village of Hastings-On-Hudson.

Brief Kesselman & Knapp, New York City, Jenner & Block, Chicago, IL, Matthew Hoffman, Rosen & Reade, New York City, for Defendants Harbor at Hastings Associates, FC Hastings L.P., East Shore Assoc., East Shore Corp., Columbia River Corp., FC Hastings LP & FC Hastings Inc.

Solomon Abrahams, White Plains, NY, for Third-Party Defendants Edward Fucci and Gregory A. Fucci, Sr.

MEMORANDUM & ORDER

BRIEANT, District Judge.

Defendants Harbor at Hastings Associates, East Shore Associates, L.P., East Shore Corporation, and Columbia River Corporation seek an order dismissing this action and granting judgment on the pleadings, pursuant to Rules 12(b) and 12(c) of the Federal Rules of Civil Procedure. In the action, plaintiffs The Village of Hastings-on-Hudson and the Hudson Riverkeeper...

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