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NEW YORK v. FRIED

No. 05 CIV. 6211(CM).

430 F.Supp.2d 151 (2006)

The State of NEW YORK and The New York State Department of Environmental Conservation, Plaintiffs, v. Robert P. FRIED, Defendant.

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

May 2, 2006.

Attorney(s) appearing for the Case

David Scott Bassinson, New York State Department of Law (EPB), Karen Ruth Kaufmann, New York State Office of the Attorney General, Albany, NY, for Plaintiffs.

Linda Radko Shaw, Knauf Shaw LLP, Rochester, NY, for Defendant.

DECISION AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

McMAHON, District Judge.

Plaintiffs, the State of New York and the New York State Department of Environmental Conservation ("DEC"), bring this action pursuant to the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601, and New York common law governing public nuisance, restitution, and indemnification, to recover all costs incurred by the...

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