PRISCO v. A & D CARTING CORP.

No. 97-9405.

168 F.3d 593 (1999)

Filomena PRISCO, Individually and as Administratrix of the Goods, Chattels and Credits of Thomas Prisco, Deceased, Plaintiff, Counter-Defendant, Appellant, v. A & D CARTING CORP., John Danna & Sons, Inc., Gunhill Trucking Ltd., Suburban Carting Corp., and NYCONN Waste Disposal, Defendants, Cross-Defendants, Cross-Claimants, Appellees, Angelo Anthony Calvello, A-1 Carting, Inc., LSC Trucking Corp., Decostole Carting, Kristal Papers Ltd., Karnak Inc., and Best Container Service, Inc., Defendants, A.F.C. Carting Inc., State of New York, New York State Department of Environmental Conservation, Thomas C. Jorling, as Commissioner of the New York State Department of Environmental Conservation, New York Organized Crime Task Force, Ronald Goldstock, Esq., as Director of New York Organized Crime Task Force, John M. Murray, as employee of Div. of Law Enforcement, Bureau of Environmental Conservation Investigation, William E. Bubenicek, as employee of Div. of Law Enforcement, Bureau of Environmental Conservation Investigation, New York State Department of Environmental Conservation, New York State Police, Thomas A. Constantine, as Superintendent of New York State Police, Lloyd F. Ward, as an employee of the New York State Police, James Labate, A-1 Compaction Corp., A.F.C. Transfer Inc., also known as A.F.C. Transfer Corp., A & M Bros., Inc., American Disposal Services, Inc., Tri-State Trucking Corp., and other, if any, waste depositors who entered plaintiffs' property whose names are presently unknown, Stamford Wrecking Co., Morena Bulk Haulage, APF Carting, Vincent Cavaliere, and Tri-County Disposal, Inc., Defendants, Cross-Defendants, Appellees, A-1 Compaction, Inc. and Greene Refuse Service, Defendants, Cross-Claimants, Cross-Defendants, Appellees.

United States Court of Appeals, Second Circuit.

Decided February 17, 1999.


Attorney(s) appearing for the Case

Michael V. Sclafani, Reardon & Sclafani, P.C., Yonkers, New York (Walter T. Reardon, of counsel), for Plaintiff, Counter-Defendant, Appellant.

Donna E. Frosco, Keane & Beane, P.C., White Plains, New York (Joel H. Sachs, of counsel), for Defendant-Appellee Stamford Wrecking Company.

Robert Fardella, Smithtown, New York, for Defendant-Appellee Gun Hill Trucking Ltd.

Jeffrey I. Klein, White Plains, New York, for Defendant-Appellee A & D Carting.

Wayne A. Stix, Cherico, Stix & Associates, White Plains, New York, for Defendants-Appellees Suburban Carting Corporation and NYCONN Waste Disposal.

Gerald A. Greenberger, Sheft, Golub & Kamlet, New York, New York, for Defendant-Appellee John Danna & Sons, Inc.

Kevin Barry, Sweeney & Barry, White Plains, New York, for Defendant-Appellee A-1 Compaction.

Dennis C. Vacco, Attorney General of the State of New York (John McConnell, Deputy Solicitor General of the State of New York, Michael Belohlavek, Gregory J. Nolan, Eugene Martin-Leff, Assistant Attorneys General of the State of New York, of counsel) for New York State Defendants-Appellees.

Before: PARKER and SACK, Circuit Judges, and SEAR, District Judge.


SACK, Circuit Judge:

In the spring of 1987, Thomas and Filomena Prisco, husband and wife, began an attempt to increase the value of their land by leveling a portion of it using as fill waste construction and demolition materials delivered to the site by a variety of business entities. They discovered they could also make substantial sums by permitting others to dispose of waste on their property for a fee. The efforts entangled...

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