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CITY OF NY v. LEAD INDUS ASSN

182 Misc.2d 835 (1999)

700 N.Y.S.2d 361

CITY OF NEW YORK et al., Plaintiffs, v. LEAD INDUSTRIES ASSOCIATION, INC., et al., Defendants.

Supreme Court, New York County.

September 14, 1999.

Attorney(s) appearing for the Case

Arnold & Porter, New York City (William H. Voth of counsel), Orrick, Herrington & Sutcliffe, New York City (Richard W. Mark of counsel), and Moses & Singer, New York City (Mitchell Bernstein of counsel), for defendants.

Michael D. Hess, Corporation Counsel of New York City (John R. Low-Beer of counsel), for plaintiffs.

OPINION OF THE COURT

HELEN E. FREEDMAN, J.

Motion sequence numbers 037, 038 and 040 are consolidated for disposition.

Defendants, manufacturers of the lead pigment in paint which plaintiff New York City Housing Authority (NYCHA) is abating from two properties, variously move and cross-move for summary judgment dismissing NYCHA's remaining claims for restitution, indemnification and fraud, based on the recent Court of Appeals decision in MRI Broadway...

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