NYC v. LEAD INDUS. ASSN.


222 A.D.2d 119 (1996)

644 N.Y.S.2d 919

City of New York et al., Appellants-Respondents, v. Lead Industries Association, Inc., et al., Respondents, and Fuller-O'Brien Corporation, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 27, 1996


Attorney(s) appearing for the Case

George Gutwirth of counsel (Francis F. Caputo, Alan H. Kleinman and John R. Low-Beer on the brief; Jeffrey D. Friedlander, attorney), for appellants-respondents.

Philip H. Curtis and Michael T. Nilan of counsel (Arnold & Porter; Dean M. Harris; Haythe & Curley; Popham, Haik, Schnobrich & Kaufman, Ltd.; Kronstein, Veisz & Wexler; Kirkland & Ellis; Bartlit Beck Herman Palenchar & Scott; Gilbert, Segall & Young; Sullivan, Sullivan & Pinta, and Jones, Day, Reavis & Pogue, attorneys), for Lead Industries Association, Inc. and others, respondents.

Daniel J. Thomasch of counsel (Lauren J. Elliot on the brief; Donovan Leisure Newton & Irvine, attorneys), for American Cyanamid, respondent.

Mitchell D. Bernstein of counsel (Wade R. Joyner on the brief; Moses & Singer, and Crowley Barret & Karaba, attorneys), for Fuller-O'Brien Corporation, respondent-appellant.

SULLIVAN, J. P., ROSENBERGER, ELLERIN, RUBIN and MAZZARELLI, JJ., concur.


Per Curiam.

In this action against various lead paint manufacturers and their trade association the issue before us is whether the City plaintiffs have sufficiently pleaded causes of action for indemnity and restitution.

In order to put the issues in proper perspective a brief history of this litigation is necessary. The City plaintiffs (the City of New York, the New York...

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