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AMW MATERIALS TESTING, INC. v. TOWN OF BABYLON

No. 01CV4245 (ADS)(ETB).

348 F.Supp.2d 4 (2004)

AMW MATERIALS TESTING, INC. and Anthony Antoniou, Plaintiffs, v. TOWN OF BABYLON, and the North Amityville Fire Company, Inc., Defendants.

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

December 20, 2004.

Attorney(s) appearing for the Case

Lustberg & Ferretti, Glens Falls, NY (Robert M. Lustberg, of Counsel), for Plaintiffs.

Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, NJ, (Richard Ricci, Stephen W. Smithson, of Counsel), for the Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This case arises out of a fire at an industrial facility that resulted in the release of toxic chemicals into the environment. The Town of Babylon ("Town") and the North Amityville Fire Company, Inc. ("Fire Company" or "NAFC") (collectively, the "Defendants"), responded to extinguish the fire. The land owner, Anthony Antoniou and the business, AMW Materials Testing, Inc. ("AMW") (collectively, the ...

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