5200 ENTERPRISES LTD. v. CITY OF NEW YORK

No. 20-13753.

22 F.4th 970 (2022)

5200 ENTERPRISES LIMITED, Plaintiff-Appellant, v. CITY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: January 5, 2022.


Attorney(s) appearing for the Case

Douglas Bradford Hughes , Jessica Cappock , Cobb Gonzalez, Jacksonville, FL, for Plaintiff-Appellant.

Alan R. Crane , Furr & Cohen, PA, Boca Raton, FL, James E. Johnson , Hugh H. Shull, III , New York City Law Department, New York, NY, Aaron A. Wernick , Wernick Law, PLLC, for Defendant-Appellee.

Before Jordan, Newsom, and Ed Carnes, Circuit Judges.


In the mid-1980s, a single-asset real estate entity called 5200 Enterprises Limited bought a piece of property in Brooklyn. To its consternation, it later learned that the property had been contaminated sometime between 1940 and 1950 by its then-owner, the City of New York.

As part of an ongoing bankruptcy proceeding...

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