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STATE v. FERMENTA ASC CORP.

166 Misc.2d 524 (1995)

630 N.Y.S.2d 884

State of New York et al., Plaintiffs, v. Fermenta ASC Corporation et al., Defendants.

Supreme Court, Suffolk County.

July 6, 1995

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (Norman Spiegel, Elizabeth A. Grisaru and Nancy Stearns of counsel), for State of New York and another, plaintiffs. Robert Cimino, County Attorney, Hauppauge (Derrick Robinson of counsel), for County of Suffolk and another, plaintiffs. Albert A. Natoli, New York City, for Suffolk County Water Authority, plaintiff. Beveridge & Diamond, P. C., New York City (John S. Guttman, Christopher W. Mahoney and Kathryn B. Fuller of counsel), for defendants.

ALAN D. OSHRIN, J.

FACTS

The defendants and their predecessors have been and are the manufacturers and distributors of a herbicide known as Dachtal. Dachtal had been sold in Suffolk County for more than 20 years until 1989. The active ingredient found in Dachtal is dimethyl tetrachloroterephthalate (DCPA). Since 1958 DCPA has been registered for use as...

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