The STATE OF NEW YORK, Plaintiff,
v.
AMRO REALTY CORP., Harry Moskowitz, and David Moskowitz, Defendants and Third-Party Plaintiffs,
v.
ZURICH INSURANCE COMPANY; Atlantic Mutual Insurance Company; Unigard Security Insurance Company; Lumbermens Mutual Casualty Company; Graphic Arts Mutual Insurance Company; Federal Insurance Company; First State Insurance Company and Home Insurance Company, Third-Party Defendants.
United States District Court, N.D. New York.https://leagle.com/images/logo.png
September 5, 1990.
September 5, 1990.
Attorney(s) appearing for the Case
Robert Abrams, Atty. Gen. of State 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; Marc E. Kasowitz, of counsel.
Barry McTiernan & Moore, New York City, for third-party defendant Atlantic Mut.; Michael P. Close, of counsel.
Drinker Biddle & Reath, Washington, D.C.; Patricia A. Gotschalk, of counsel and Thuillez Ford Conolly & Kelly, Albany, N.Y., Donald P. Ford, Jr., of counsel, for third-party defendant Lumbermens Mut.
Siff Rosen & Parker, New York City; Mark S. Landman, Stephen Jacobs, and Steven G. Adams, of counsel and Twining Nemia Hill & Steflik, Binghamton, N.Y., for third-party defendant First State Ins.
Damon & Morey, Buffalo, N.Y., for third-party defendant Unigard Sec.; Andrew Feldman and James M. Kieffer, of counsel.
Mound Cotton & Wollan, New York City, for third-party defendant Home Ins.; Larry Greengrass and Sherri Margot Samilow, 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 and Williams Micale & Wells, Syracuse, N.Y.; Peter N. Wells, of counsel, for third-party defendant Federal Ins.
Phelan Pope & John, Chicago, Ill.
A. Mark Pellegrino, Albany, N.Y.
William M. Gruner, trustee for American Thermostat, New Paltz, N.Y.
Frederk J. Scullin, Jr., U.S. Atty., Syracuse, N.Y.
United States District Court, N.D. New York.
MEMORANDUM-DECISION & ORDER
McCURN, Chief Judge.
I. Introduction
This action arises out of the discovery in 1981 of pollution at a site, in South Cairo, New York, which is owned by the defendant/third-party plaintiff Amro Realty Corporation ("AMRO") and leased to American Thermostat Corporation ("AT"). In 1981, the State of New York, along with a number of private citizens, brought suit against...
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