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CITY OF NEWBURGH v. SARNA

No. 09 Civ. 5117(CM)(LMS).

690 F.Supp.2d 136 (2010)

CITY OF NEWBURGH, Plaintiff, v. Mark SARNA, Sarna Enterprises, Inc., Mt. Airy/Aire Estates, Inc., New Windsor Development Co., LLC, and Drainage District # 6—Mt. Airy Estates (The Reserve), Town of New Windsor, New York, Defendants.

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

February 5, 2010.

Attorney(s) appearing for the Case

Marc Steven Gerstman, Meave M. Tooher, Marc Gerstman, Law Offices, Albany, NY, for Plaintiff.

J. Benjamin Gailey, Jacobowitz and Gubits LLP, Walden, NY, Michael D. Blythe, Town of Windsor, New Windsor, NY, for Defendants.

DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS AND DENYING PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION

McMAHON, District Judge:

INTRODUCTION

Plaintiff the City of Newburgh ("Plaintiff' or the "City") asserts a claim for violations of the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq., as well as state-law tort claims for trespass and public nuisance against defendants Mark Sarna,...

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