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BURDICK v. TONOGA, INC.

530633.

191 A.D.3d 1215 (2021)

143 N.Y.S.3d 129

2021 NY Slip Op 01175

Jay Burdick et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. Tonoga, Inc., Doing Business as Taconic, Appellant.

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

Decided February 25, 2021.

Attorney(s) appearing for the Case

Greenberg Traurig, LLP, Albany ( Henry M. Greenberg of counsel) and Hollingsworth LLP, Washington DC ( Anne Marie Duffy admitted pro hac vice), for appellant.

Faraci Lange, LLP, Rochester ( Steven G. Schwarz of counsel) and Weitz & Luxenberg, New York City ( James J. Bilsborrow of counsel), for respondents.

Garry, P.J., Egan Jr. and Lynch, JJ., concur.

The underlying facts are set forth in a prior appeal (179 A.D.3d 53 [2019]). Briefly, plaintiffs commenced this action alleging that defendant, a manufacturing facility, improperly disposed of chemical compounds, thereby contaminating the water of private wells in the surrounding area. Following joinder of issue and discovery, defendant...

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