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CITY OF NY. v. COLLEGE POINT SPORTS ASSOCIATION, INC.

61 A.D.3d 33 (2009)

876 N.Y.S.2d 409

CITY OF NEW YORK et al., Respondents, v. COLLEGE POINT SPORTS ASSOCIATION, INC., et al., Defendants, and FRANK CASALINO et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 20, 2009.

Attorney(s) appearing for the Case

Tarshis & Hammerman, LLP, Forest Hills (Michael A. Hammerman, Abraham Abramovsky and Jonathan I. Edelstein of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York City (Stephen J. McGrath, Kristin Glover and Victoria Scalzo of counsel), for respondents.

MILLER, McCARTHY and CHAMBERS, JJ., concur.

OPINION OF THE COURT

DILLON, J.P.

We are presented with an appeal involving a $16.5 million claim by the City of New York, John J. Doherty, Commissioner of the Department of Sanitation of the City of New York, and the Department of Sanitation of the City of New York (hereinafter collectively the City), arising out of their remediation of a site in College Point, where the defendants allegedly dumped, or caused or...

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