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DEPT. OF ENVTL. PROT. v. DIMANT

No. A-3180-09T2.

14 A.3d 780 (2011)

418 N.J. Super. 530

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION and Acting Administrator, New Jersey Spill Compensation Fund, Plaintiffs-Appellants, v. Ofra DIMANT, Rita Lapinski, Charles Zaccardi, Evelyn M. Zaccardi, Gary C. Zaccardi, Michael Zaccardi, and Zaccardi's Cleaners, a New Jersey Partnership, Defendants, and Chouchan Samman, Riad Samman, and Sue's Clothes Hanger, Inc., Defendants/Third-Party Plaintiffs-Respondents, v. Bharat K. Shah, Priti B. Shah, and PTR, PTB, PTM Corp., Third-Party Defendants-Respondents, and Louis Scharlat, Conchetta Scharlat, Anthony Chirico, Donald H. Hickman, Floyd S. Randolph, and Cleaning Village of Somerset, Inc., Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 2011.

Attorney(s) appearing for the Case

Mark D. Oshinskie , Deputy Attorney General, argued the cause for appellants ( Paula T. Dow , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Mr. Oshinskie , on the brief).

George R. Hardin argued the cause for respondents Chouchan Samman, Riad Samman, and Sue's Clothes Hanger, Inc. (Hardin, Kundla, McKeon & Poletto, P.A., attorneys; Mr. Hardin , of counsel and on the brief; Cynthia Lee , Springfield, on the brief).

Jacob Grouser argued the cause for respondents Bharat K. Shah, Priti B. Shah, and PTR, PTB, PRM Corp. (Hoagland, Longo, Moran, Dunst & Doukas, L.L.P., attorneys; Marc S. Gaffrey and Alan Dunst , of counsel and on the brief; Cristyn D. Clifton , New Brunswick, on the brief).

Before Judges PARRILLO, YANNOTTI and ESPINOSA.

The opinion of the court was delivered by

PARRILLO, P.J.A.D.

Plaintiffs, the Department of Environmental Protection (DEP) and the Administrator of the New Jersey Spill Compensation Fund, filed a suit for contribution pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 (the Spill Act), alleging that defendant, Sue's Clothes Hanger, Inc., a Laundromat and dry cleaner, was responsible for ground-water contamination on various...

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