STATE v. SCHENECTADY CHEMS.


117 Misc.2d 960 (1983)

State of New York, Plaintiff, v. Schenectady Chemicals, Inc., Defendant.

Supreme Court, Rensselaer County.

February 18, 1983


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Catherine R. McCabe and James A. Sevinsky of counsel), for plaintiff. Higgins, Roberts, Beyerl & Coan, P. C. (Richard E. Roberts of counsel), for defendant.


HAROLD J. HUGHES, J.

The court must decide if the State, either by statute or common law, can maintain an action to compel a chemical company to pay the costs of cleaning up a dump site so as to prevent pollution of surface and ground water when the dumping took place between 15 to 30 years ago at a site owned by an independent contractor hired by the chemical company to dispose of the waste material.

The amended notice of motion seeks: (1) dismissal...

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