MEMORANDUM AND ORDER
WEXLER, District Judge.
Irwin Thaler, plaintiff in the instant case, seeks recovery under CERCLA, 42 U.S.C. § 9607 for response costs allegedly incurred in connection with an alleged environmental clean-up of his property which was classified as an inactive hazardous waste site by the New York State Department of Environmental Conservation. Now before the Court is defendants' motion, pursuant to Rule 39(a) of the Federal
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