STATE OF N.Y. v. BLANK

Nos. 1092-1094, Dockets 93-7952, 93-9002 and 93-9004.

27 F.3d 783 (1994)

STATE OF NEW YORK, Plaintiff, v. Walter T. BLANK and Abalene Pest Control Service, Inc., and Orkin Exterminating Company, Inc., Defendants. Walter T. BLANK and Abalene Pest Control Service, Inc., Third-Party Plaintiffs-Appellees, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, New England Marine Contractors, Inc., Third-Party Defendants, National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Capital Mutual Insurance Co., Third-Party Defendants-Appellants. CAPITAL MUTUAL INSURANCE CO., Fourth-Party Plaintiff-Appellee-Cross-Appellant, v. NEW YORK MUTUAL UNDERWRITERS, Commercial Mutual Insurance Company, formerly known as Cooperative Fire Insurance Company of Catskill, New York, Security Mutual Fire Insurance Company, and Sterling Insurance Company, Fourth-Party Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 13, 1994.


Attorney(s) appearing for the Case

Sheldon Karasik, New York City (Sheft & Sheft, of counsel), for third-party defendant-appellant Nat. Union.

Alan J. Pierce, Syracuse, NY (Hancock & Estabrook, of counsel), for third-party defendant-appellant and fourth-party plaintiff-appellee-cross-appellant Capital Mut.

Jean F. Gerbini, Albany, NY (Philip H. Gitlen, Whiteman Osterman & Hanna, of counsel), for defendants-third-party plaintiffs-appellees Walter T. Blank and Abalene Pest Control Service, Inc.

Michael J. Lonergan, Albany, NY (Bouck, Holloway, Kiernan and Casey, of counsel), for fourth-party defendants-appellants-cross-appellees N.Y. Mut. Underwriters, Commercial Mut. Ins. Co., Security Mut. Fire Ins. Co., and Sterling Ins. Co.

Before: OAKES, MESKILL and ALTIMARI, Circuit Judges.


OAKES, Senior Circuit Judge:

I. Background

In March 1987, employees of the New York State Department of Environmental Conservation ("the DEC") discovered pesticides buried at 10274 Saratoga Road, Fort Edward, Town of Moreau, Saratoga County, New York ("the site"). This discovery led to several lawsuits including this one, commenced by the State of New York on February 16, 1988, against the following defendants: Abalene Pest Control Service, Inc. ("Abalene...

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