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IVORY v. INTL. BUS. MACH.

516276

116 A.D.3d 121 (2014)

983 N.Y.S.2d 110

2014 NY Slip Op 1230

THOMAS H. IVORY et al., Appellants-Respondents, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Respondent-Appellant.

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

Decided February 20, 2014.

Attorney(s) appearing for the Case

Faraci Lange , LLP, Rochester ( Stephen G. Schwarz of counsel), Levene, Gouldin & Thompson, LLP, Vestal ( Phillip C. Johnson of counsel), Williams Cuker & Berezofsky, Philadelphia, Pennsylvania ( Gerald J. Williams of counsel), and Weitz & Luxenberg, PC, New York City ( Ellen Relkin of counsel), for appellants-respondents.

Jones Day, New York City ( Mary Ellen Powers , of the Washington, D.C. bar, admitted pro hac vice, of counsel), for respondent-appellant.

PETERS, P.J., STEIN and GARRY, JJ., concur.

OPINION OF THE COURT

McCARTHY, J.

Defendant owned a machine manufacturing facility in the Village of Endicott, Broome County between 1924 and 2002. From 1935 through the mid-1980s, defendant used the chemical trichloroethylene (hereinafter TCE) to clean metal parts in degreasers and in the production of circuit cards and boards. In 1979, defendant discovered that solvents, including TCE, had pooled in the groundwater beneath the facility and the contaminated...

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