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SUFFOLK COUNTY v. DOW CHEM CO.

24852-2010

35 Misc.3d 307 (2012)

942 N.Y.S.2d 765

2012 NY Slip Op 22013

SUFFOLK COUNTY WATER AUTHORITY, Plaintiff, v. THE DOW CHEMICAL COMPANY et al., Defendants.

Supreme Court, Suffolk County.

Decided January 18, 2012.

Attorney(s) appearing for the Case

King & Spaulding, LLP, San Francisco, California ( Gennaro Filice, III and Richard Normington of counsel), for The Dow Chemical Company, defendant.

Fulbright & Jaworski, LLP, New York City ( James H. Neale and Felice B. Galant of counsel), for Legacy Vulcan Corp., defendant.

Hicks Thomas LLP, Houston, Texas ( Taylor M. Hicks of counsel), for R.R. Street & Co., Inc., defendant.

Weitz & Luxenberg, New York City ( William A. Walsh of counsel), for plaintiff.

OPINION OF THE COURT

EMILY PINES, J.

Introduction

Plaintiff Suffolk County Water Authority (SCWA) owns and/or operates public drinking water systems and supplies drinking water to thousands of residents and businesses in Suffolk County, New York. It is the largest groundwater supplier in the nation and serves more than one million Suffolk County residents.

In this action, SCWA claims that the toxic chemical perchloroethylene (PCE), and...

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