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MATTER OF HAMIL STRATTEN PROPERTIES, LLC v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

2009-10372.

79 A.D.3d 747 (2010)

913 N.Y.S.2d 282

In the Matter of HAMIL STRATTEN PROPERTIES, LLC, et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 7, 2010.

Ordered that the order and judgment is affirmed, with costs.

The petitioners/plaintiffs (hereinafter the petitioners) own certain real property in Long Island City which was contaminated by the previous owner, a manufacturer of adhesives for over 60 years. In 2004, the petitioners entered into a "Brownfield Site Cleanup Agreement" (hereinafter the agreement) with the New York State Department of Environmental Conservation (hereinafter the DEC) in order to remediate...

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