BUCK v. HOOKER CHEMS.


117 Misc.2d 496 (1982)

Marie Buck, Individually and as Parent and Natural Guardian of Annette Buessenberry, et al., Plaintiffs, v. Hooker Chemicals & Plastics Corporation et al., Defendants. Barbara Armagost et al., Plaintiffs, v. Town of Lewiston et al., Defendants. Virginia L. Bonura et al., Plaintiffs, v. Hooker Chemicals & Plastics Corporation et al., Defendants.

Supreme Court, Niagara County.

December 4, 1982


Attorney(s) appearing for the Case

Glenn S. Hackett, County Attorney (Sheldon Hurwitz and Dan D. Kohane of counsel), for County of Niagara, defendant. Gellman, Brydges, Schroff & Schweitzer (Richard J. Schroff of counsel), for City of Niagara Falls, defendant. Phelps, Gray, Mansour & Hewitt (Benjamin Hewitt of counsel), for City School District of Niagara Falls, defendant. McGee & Gelman (Brendon Burke of counsel), for Town of Lewiston, defendant. Miles, Cochrane, Grosse, Rossetti & Chelus (Charles Di Pasquale and Lowell Grosse of counsel), for Town of Niagara, defendant. Phillips, Lytle, Hitchcock, Blaine & Huber (Robert Glanville of counsel), for Hooker Chemicals & Plastics Corporation, defendant. Grossman, Levine & Civiletto (Richard Berger of counsel), Allen, Lippes & Shonn (Richard J. Lippes of counsel), Alfred S. Julien, David P. Feldman, Bernard Hamsher, John R. Minicucci, George Donohue, John P. Bartolomei, John J. Delmonte and Lee & Carroll for plaintiffs.


JOSEPH P. KUSZYNSKI, J.

The recent decision of Sharapata v Town of Islip (56 N.Y.2d 332) has given rise to the motions now before this court. There, the Court of Appeals declared that punitive damages cannot be assessed against the State or its political subdivisions. All municipal defendants, the County of Niagara, City of Niagara Falls and the City School District...

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