STATE OF NEW YORK, Plaintiff,
v.
AMRO REALTY CORP., Harry Moskowitz, and David Moskowitz, Defendants & Third-Party Plaintiffs,
v.
ZURICH INSURANCE CO., Atlantic Mutual Insurance Co., Unigard Security Insurance Co., Lumbermens Mutual Casualty Co., Graphic Arts Mutual Insurance Co., Federal Insurance Co., First State Insurance Co., and Home Insurance Co., Third-Party Defendants.
United States District Court, N.D. New York.https://leagle.com/images/logo.png
October 11, 1988.
October 11, 1988.
Attorney(s) appearing for the Case
Robert Abrams, Atty. Gen. of N.Y., Albany, N.Y., for plaintiff; David A. Munro, Asst. Atty. Gen., of counsel.
Rosenman & Colin, New York City, for defendants and third-party plaintiffs; Richard L. Claman, of counsel.
Thuillez Ford Conolly & Kelly, Albany, N.Y., for third-party defendant Lumbermens Mut.
Barry McTiernan & Moore, New York City, for third-party defendant Atlantic Mut.; Michael Close, of counsel.
James S. Rowen Associates, New York City, for third-party defendant Graphic Arts Mut.; James S. Rowen, of counsel.
Rogers & Wells, New York City, John T. Wilkins, of counsel, Williams Micale & Wells, Syracuse, N.Y., for third-party defendant Federal Ins., Peter N. Wells, of counsel.
Drinker Biddle & Reath, Washington, D.C., for third-party defendant Lumbermens Mut., Timothy C. Russell, Patricia A. Gotschalk, of counsel.
Siff Rosen & Parker, New York City, Stephen Jacobs, of counsel, Twining Nemia Hill & Steflik, Binghampton, N.Y., for third-party defendant First State Ins.
Damon & Morey, Buffalo, N.Y., for third-party defendant Unigard Sec., Andrew Feldman, Barbara L. Schifeling, of counsel.
Mound Cotton & Wollan, New York City, for third-party defendant Home Ins.; Lawrence S. Greengrass, of counsel.
Phelan, Pope & John, Ltd., Chicago, Ill.
A. Mark Pellegrino, Albany, N.Y.
William M. Gruner, New Paltz, N.Y., Trustee for American Thermostat.
United States District Court, N.D. New York.
McCURN, Chief Judge.
MEMORANDUM DECISION AND ORDER
BACKGROUND
In 1981, New York State environmental officials discovered pollution at a site owned by defendant Amro Realty Company (AMRO) and leased to a manufacturer, American Thermostat Corporation (AT) at South Cairo, New York. That same year the State of New York and several private resident citizens brought suits against AT and AMRO based on New York common and statutory law alleging that defendants...
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