U.S. v. AMRO REALTY CORP.

No. 87-CV-1418.

806 F.Supp. 349 (1992)

UNITED STATES of America, Plaintiff, v. AMRO REALTY CORP., Harry Moskowitz, and David Moskowitz, Defendants and Third-Party Plaintiffs, v. 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.

November 12, 1992.


Attorney(s) appearing for the Case

Gary L. Sharpe, U.S. Atty., Syracuse, N.Y. (James C. Woods, Asst. U.S. Atty., of counsel), Environmental Enforcement Section, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C. (Richard H. Boote, of counsel), for plaintiff U.S.

Janvey Berglas & Goldon, New York City, (Hiram D. Gordon, of counsel), for defendants and third-party plaintiffs.

Barry McTiernan & Moore, New York City (Michael P. Close, of counsel), for third-party defendant Atlantic Mut. Ins. Co.

Drinker Biddle & Reath, Washington, D.C. (James M. Sweet, of counsel), 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 for third-party defendant First State Ins. (Mark S. Landman, Stephen Jacobs, Steven G. Adams, of counsel), Twining Nemia Hill & Steflik, Binghamton, N.Y., for third-party defendant First State.

Damon & Morey, Buffalo (Andrew Feldman, James M. Kieffer), for third-party defendant Unigard Sec.

Mound Cotton & Wollan, New York City (Larry Greengrass, John Mezzacappa and Jeffrey B. Gold, of counsel), for third-party defendant Home Ins.

James S. Rowen Associates, New York City (James S. Rowen, of counsel), for third-party defendant Graphic Arts Mut.

Rogers & Wells, New York City (David A. Schulz, Barry W. Rashkover, of counsel), for third-party defendant Federal Ins.

Williams Micale & Wells, Syracuse (Peter N. Wells, of counsel), Syracuse, N.Y., A. Mark Pellegrino, Albany, N.Y., for third-party defendant Federal Ins.


MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

This litigation arises from the discovery in 1981 of environmental contamination on a site in South Cairo, New York. During all of the relevant time periods, the site on which the alleged damage occurred was owned by defendant/third-party plaintiff Amro Realty Corporation ("Amro") and was leased to American Thermostat Corporation ("AT"). Defendants/third-party plaintiffs David and Harry Moskowitz were officers...

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