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STATE OF N.Y. v. SCA SERVICES, INC.

No. 83 Civ. 6402 (RPP).

754 F.Supp. 995 (1991)

The STATE OF NEW YORK and the Town of Tusten, Plaintiffs, v. SCA SERVICES, INC., John Cortese Construction Corporation, John Cortese, and Sheldon Wernick, Defendants. SCA SERVICES, INC., John Cortese Construction Corporation, John Cortese, and Sheldon Wernick, Third-Party Plaintiffs, v. ROBERTS & CARLSON, INC., Continental Can Company, Inc., BASF Corporation (Inmont Division), Kay-Fries Inc., National Starch and Chemical Corporation, Consolidated Edison Company of New York, Inc., and John Does 1-99, Third-Party Defendants.

United States District Court, S.D. New York.

January 9, 1991.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen. of the State of N.Y., New York Dept. of Law, Environmental Protection Bureau, Albany, N.Y. by Michael J. Moore and Goldstein & Stoloff, Monticello, N.Y. by Carl P. Goldstein, for Town of Tusten.

Saul, Ewing, Remick & Saul, Philadelphia, Pa. by John F. Stoviak and Stecher, Jaglom & Prutzman, New York City by L. Donald Prutzman, Jr., for SCA Services, Inc.

Clifford Gordon, Monticello, N.Y. by Clifford Gordon, for John Cortese and John Cortese Const. Corp.

Solomon & Simon, Livingston, N.J. by Arnold L. Simon, for Sheldon Wernick.

McCarter & English, Newark, N.J. by John A. McKinney, for Roberts & Carlson, Inc.

Dickerson & Reilly, New York City by John H. Reilly, for Continental Can Co., Inc.

Patton, Boggs & Blow, Washington, D.C. by Elliott P. Laws, for BASF Corp. (Inmont Div.)

Jackson & Nash, New York City by George S. Flint, for HULS America, Inc. (successor to Kay-Fries Inc.)

Bernstein & Milner, New York City by Roger J. Bernstein, for National Starch and Chemical Corp.

Consolidated Edison Company of New York, Inc., New York City by Michael A. Wilcken, for Consol. Edison Co. of New York.

OPINION AND ORDER

ROBERT P. PATTERSON, JR., District Judge.

This is an action by a state and a municipality to recover response costs and damages under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended, 42 U.S.C. § 9601 et seq. (1988), and under New York common law. Plaintiffs base their claims on the alleged release of hazardous substances from a landfill once located on the Delaware...

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