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NEW YORK v. HICKEY'S CARTING, INC.

No. 01-CV-3136(SLT)(WDW).

380 F.Supp.2d 108 (2005)

State of NEW YORK, Plaintiff, v. HICKEY'S CARTING, INC., Dennis C. Hickey, Maria Hickey, Entenmann's, Inc., Estee Lauder, Inc., Whitman Packaging Corp., Muller Martini Corp., Detail Carting Co., Inc., Defendants. Hickey's Carting, Inc., Dennis C. Hickey, and Maria Hickey, Third-Party Plaintiffs, v. Town of Islip and the Islip Resource Recovery Agency, Entenmann's, Inc., Estee Lauder, Inc., Whitman Packaging Corp., Muller Martini Corp., and National Service Industries, Inc., Third-Party Defendants.

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

March 30, 2005.

Attorney(s) appearing for the Case

Pedro Medina, Asst. Attorney General, New York, NY, for Plaintiff.

Lilia Factor, Law Offices of Frederick Eisenbud, Commack, NY, for Hickey Defendants.

Maureen Crough, Sidley Austin Brown & Wood, LLP, New York, NY, for Defendant Whitman Packaging Corp./Estee Lauder.

Debra A. Clifford & Edward F. McTiernan, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C., Newark, NJ, for Defendant Entenmann's Inc.

Michael Walter Peters, LeBoeuf Lamb Greene & Macrae, Albany, NY, for Defendant Muller Martini Corp.

Theodore W. Firetog, Law Offices of Theodore W. Firetog, Farmingdale, NY, for Defendant Detail Carting Corp.

Jay Safar, Sinnreich, Safar & Kosakoff, LLP, Central Islip, NY, for Third-Party Defendants Town of Islip/Islip Resource Recovery Agency.

Beverlee E. Silva, King & Spaulding, Atlanta, GA, for Third-Party Defendant National Service Industries.

MEMORANDUM AND ORDER

TOWNES, District Judge.

Defendants move to dismiss Plaintiff State of New York's common law claims as preempted by CERCLA and both its federal and state claims as time-barred. Upon consideration of the written submissions of each party and oral argument on November 12, 2004, and for the reasons set forth below, the Defendants' motion is DENIED.

BACKGROUND

The State of New York ("Plaintiff" or the "State") brings...

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