TOWN OF NEW WINDSOR v. TESA TUCK, INC.

No. 92 CV 8754 (BDP).

919 F.Supp. 662 (1996)

The TOWN OF NEW WINDSOR, Plaintiff, v. TESA TUCK, INC., Frye Copysystems, Inc., GAF Corporation, Lightron Corporation, Inc., Eugene Littman, and Harry Basch, Defendants. TESA TUCK, INC., Frye Copysystems, Inc., GAF Corporation, Lightron Corporation, Inc., Third-Party Plaintiffs, v. KOLLMORGEN INSTRUMENTS CORPORATION, The New York State Department of Transportation, The State of New York, The New York Thruway Authority, The United States of America, James S. Patsalos, James S. O'Neill, Charles T. Kavanah, Cornell Group Service Corp., Mearl Corporation, Coca-Cola Bottling Company of New York and City of Newburgh, Third-Party Defendants.

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

March 14, 1996.


Attorney(s) appearing for the Case

Bleakley Platt & Schmidt, White Plains, NY, for Plaintiff.

Kiefferr and Hahn, New York City, for Defendant, Third-Party Plaintiff & Cross Claimant Tesa Tuck Inc.

Bingham Englar Jones & Houston, New York City, for Defendant & Third-Party Plaintiff Frye Copysystems Inc.

Attorney General's Office, N.Y.S. Department of Law, Environmental Protection Bureau, New York City, for Third-Party Defendants N.Y.S. Thruway Authority, The N.Y.S. Dept. of Transportation and the State of New York.

Eisen, Herschcopf & Schulman, New York City, for Third-Party Defendant Mearl Corporation.

Pirro, Collier, Cohen, Crystal & Bock, New York City, for Third-Party Defendant Coca Cola Bottling Co. of N.Y. Inc.

Oppenheimer, Wolff & Donnelly, New York City, for Defendant & Third-Party Plaintiff & Cross Defendant GAF Corp.

Keane & Beane, White Plains, NY, for Defendant & Third-Party Plaintiff Lightron Corp.

Neuman Tamsen & Greher, Newburgh, NY, for Defendant Harry Basch.

Crowell and Moring, Washington, DC, for Third-Party Defendant & Cross Defendant Kollmorgen Instruments Corp.

U.S. Attorney's Office, New York City, for Third-Party Defendant U.S.A.

Cuddy & Feder, White Plains, NY, for Third-Party Defendants James S. Patsolos, James S. O'Neill, Charles T. Kavanah & Cornell Group Service Corp.

Carter, Ledyard & Milburn, New York City, for Defendant City of Newburgh.


MEMORANDUM DECISION AND ORDER

PARKER, District Judge.

Plaintiff Town of New Windsor ("the Town") brought this action under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9601, et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), P.L. 99-499 (October 17, 1986), specifically 42 U.S.C. § 9607 ("§ 107") and 42 U.S.C. § 9613 ("§ 113"), and state...

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