Legal Opinion

Amax, Inc. v. Sohio Industrial Products Co.

New York Supreme Court

Decided October 4, 1983PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Richard W. Wallach, J.

This is a motion by defendant for an order dismissing that portion of the action as time barred which seeks money damages for nuisance. The basic issue here involves application of the Statute of Limitations to a claim arising from radioactive contamination of land and improvements.

For determination of this motion plaintiff may be considered as the owner of real property and defendant as the immediate prior owner. An ore processing plant for the production of nuclear grade zirconium metals was operated on the property during defendant’s ownership.…

2Cases cited12 opinions

  1. Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
  2. Schwartz v. Heyden Newport Chemical Corp.New York Court of Appeals · 1963
  3. Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
  4. Hartshorn v. . ChaddockNew York Court of Appeals · 1892
  5. Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. Schenectady Chemicals, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Maurice Rapf and Carl Hansen v. Suffolk County of New YorkCourt of Appeals for the Second Circuit · 1985
  3. Capruso v. Village of Kings PointNew York Court of Appeals · 2014
  4. Syms v. Olin Corp.Court of Appeals for the Second Circuit · 2005
  5. United States v. Hooker Chemicals & Plastics Corp.District Court, W.D. New York · 1989

3 more not listed; retrieve them via the Exa API.

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