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BURDICK v. TONOGA, INC.

531108.

191 A.D.3d 1220 (2021)

143 N.Y.S.3d 123

2021 NY Slip Op 01178

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, defendant has operated a manufacturing facility in Rensselaer County since 1961. Plaintiffs, who live within the area of the facility, commenced this action alleging that defendant improperly disposed of perfluorooctanoic acid and its predecessor, ammonium...

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