Diamond v. Allegheny Ludlum Industries, Inc.

This is an action for an injunction to enforce a water pollution abatement order of the Commissioner of Health and to recover statutory penalties (Public Health Law, art. 12, §§ 1250, 1251, 1220, 1225) for defendant’s alleged pollution of the Cromma Bill (a tributary of the Hudson River, in Albany County) and the Hudson River. The plaintiff moves to modify defendant’s demand for a bill of particulars and to dismiss the four affirmative defenses interposed by the defendant. The defendant cross-moves for an order directing the plaintiff to submit to an examination before trial.

The motion…