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TOWN OF NEW WINDSOR v. TESA TUCK, INC.

No. 92 CV 8754.

935 F.Supp. 317 (1996)

The TOWN OF NEW WINDSOR, and The State of New York, Plaintiffs, v. TESA TUCK, INC., Lightron Corporation, Inc., Eugene Litman, Harry Basch, Mearl Corporation, Kollmorgen Instruments Corporation, Defendants. TESA TUCK, INC. and Lightron Corporation, Third-Party Plaintiffs, v. The UNITED STATES of America, James S. Patsalos, James S. O'Neill, Charles T. Kavanagh, Cornell Group Service Corp., the New York State Department of Transportation, City of Newburgh, the New York State Thruway Authority, Third-Party Defendants.

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

July 31, 1996.

Attorney(s) appearing for the Case

Kimberly Shaw Rea, Bleakley Platt & Schmidt, White Plains, NY, for Plaintiff.

Nicholas Z. Hegedus, Kiefferr and Hahn, New York City, for Defendant, Third Party Plaintiff and Cross Claimant Tesa Tuck.

Robert Emmet Hernan, Asst. Atty. General, N.Y.S. Department of Law, New York City, for Third Party Defendants N.Y.S. Thruway Authority, the N.Y.S. Dept. of Transportation and the State of New York.

Edwin Eisen, Eisen, Herschcopf & Schulman, New York City, for Third Party Defendant Mearl Corporation.

Donna Frosco, Keane & Beane, White Plains, NY, for Defendant and Third Party Plaintiff Lightron Corporation.

Gideon A. Schor, Asst. U.S. Atty., United States Attorney's Office, New York City, for Third-Party Defendant United States of America.

AMENDED MEMORANDUM DECISION and ORDER

PARKER, District Judge.

FACTS

This action under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601, et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), P.L. 99-499 (October 17, 1986), and state law is before this Court on certain defendants' motions for summary judgment dismissing the plaintiff State...

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