NONNON v. CITY OF NEW YORK


9 N.Y.3d 825 (2007)

874 N.E.2d 720

842 N.Y.S.2d 756

PATRICIA NONNON, Individually and as Executrix of KERRI NONNON, Deceased, et al., Respondents, v. CITY OF NEW YORK, Appellant. (And Other Actions.)

Court of Appeals of the State of New York.

Decided June 27, 2007.


Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Elizabeth S. Natrella, Leonard Koerner and Christopher G. King of counsel), for appellant.

Mauro Goldberg & Lilling LLP, Great Neck (Barbara DeCrow Goldberg, Kenneth Mauro and Richard J. Montes of counsel), for respondents.

Herzfeld & Rubin, P.C., New York City (Michael Hoenig and Miriam Skolnik of counsel), and Hugh F. Young, Jr., Reston, Virginia, for Product Liability Advisory Council, Inc., amicus curiae.

Atlantic Legal Foundation, New York City (Martin S. Kaufman of counsel), for Marcia Angell and others, amici curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

This litigation concerns the 81-acre Pelham Bay Landfill, owned and operated by the City of New York, and officially closed in 1978 after allegations of illegal dumping of pollutants. In 1982, the City determined that the landfill's surface water and groundwater contained contaminants that exceeded...

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