Legal Opinion
State of New York v. Ludlow's Sanitary Landfill
District Court, N.D. New York
Decided May 26, 1999No. 3:86-cv-00853PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM — DECISION & ORDER
McAVOY, Chief Judge.
Presently before the Court are Fourth-Party Defendant Lumbermens Mutual Ca sualty Company’s (“LMCC”) motion pursuant to Fed.R.CivP. 56 seeking dismissal of the fourth-party complaint against it and Fourth-Party Plaintiff Special Metals Corporation’s (“SMC”) cross-motion for summary judgment striking LMCC’s fourth affirmative defense that SMC’s claims are barred under the pollution exclusion clause.
LBACKGROUND
SMC began operating a metal alloy production plan in New Hartford, New York in 1957. From the early 1960s until July 1979, SMC used…
2Cases cited25 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Bellsouth Telecommunications, Inc. v. W.R. Grace & Co.--Conn.Court of Appeals for the Second Circuit · 1996
- Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
- Employers Insurance of Wausau, Counterclaim v. Petroleum Specialties, Inc., Counterclaim Third Party Zurich Insurance Company, Third-PartyCourt of Appeals for the Third Circuit · 1995
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3Cited by3 opinions
- Travelers Indemnity Co. v. Northrop Grumman Corp.District Court, S.D. New York · 2014
- Crucible Materials Corp. v. Aetna Casualty & Surety Co.District Court, N.D. New York · 2001
- Plants & Goodwin, Inc. v. St. Paul Surplus Lines InsuranceDistrict Court, W.D. New York · 2000