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CHITAYAT v. VANDERBILT ASSOCIATES

Civil Action No. 03-5314 (DRH)(MLO).

702 F.Supp.2d 69 (2010)

Anwar CHITAYAT, Plaintiff, v. VANDERBILT ASSOCIATES, a Partnership, and Barbara Gross as Executrix of the Estate of Walter Gross, Defendants. Barbara Gross as Executrix of the Estate of Walter Gross, Third-Party Plaintiff, v. Thomas F. Manno Revocable Trust U/A 13th Day of February 1990, Wildoro Associates, Charles Rose, and Elizabeth Boinott, as Administrators of the Estate of Howard Rose, Third-Party Defendants. Barbara Gross as Executrix of the Estate of Walter Gross, Third-Party Plaintiff, v. Pall Corporation, Vanderbilt Generation L.P. and Vanderbilt Generation II Corp., Third-Party Defendants.

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

March 22, 2010.

Attorney(s) appearing for the Case

Certilman Balin Adler & Hyman, LLP, by: Candace Reid Gladstone, Esq., James Rigano, Esq., East Meadow, NY, for Plaintiff Anwar Chitayat.

Sive, Paget & Riesel, P.C., by: Daniel Riesel, Esq., Dan Chorost, Esq., Ashley Miller, Esq., New York, NY, for Defendant/ Third-Party Plaintiff Estate of Walter Gross.

Tannenbaum Helpern Syracuse & Hirschtritt, by: John-Patrick Stiles Curran, Esq., New York, NY, for Defendant Vanderbilt Associates and Third-Party Defendant Wildoro Associates.

Wilmer Cutler Pickering Hale and Dorr LLP, by: Daniel H. Squire, Esq., Washington, D.C., for Third-Party Defendant Estate of Howard Rose.

Bond, Schoeneck & King, PLLC, Syracuse, NY, and by: Thomas R. Smith, Esq., Robert R. Tyson, Esq., James P. Clark, Esq., Garden City, NY, for Third-Party Defendant Pall Corporation.

Cahn and Cahn, LLP, by: Richard C. Cahn, Esq., Melville, NY, for Defendant Thomas F. Manno Revocable Trust U/A 13th Day of February 1990.

MEMORANDUM & ORDER

HURLEY, Senior District Judge:

Plaintiff Anwar Chitayat ("Plaintiff" or "Chitayat") commenced this action against Vanderbilt Associates ("Vanderbilt") and Walter Gross ("Gross") in 2003 pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., as well as state law,1 seeking to recover response costs incurred in the remediation of tetrachloroethene...

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