Diamond v. Mobil Oil Corp.

This is a motion "by the plaintiff for summary judgment pursuant to CPLR 3212 upon the ground that there was no meritorious defense or triable issue of fact as a matter of law. Plaintiff also moves for a trial preference. The defendant moves for an examination before trial, and the defendant moves to strike the note of issue.

This is an action for an injunction pursuant to section 1251 of the Public Health Law to enforce the water pollution abatement order of the Commissioner of Health, dated March 31, 1967, and to restrain the defendant from discharging untreated and inadequately treated…