Legal Opinion
State v. Schenectady Chemicals, Inc.
New York Supreme Court
Decided February 18, 1983PublishedCited by 28 opinions
1Opinion of the Court
OPINION OF THE COURT
Harold J. Hughes, J.
The court must decide if the State, either by statute or common law, can maintain an action to compel a chemical company to pay the costs of cleaning up a dump site so as to prevent pollution of surface and ground water when the dumping took place between 15 to 30 years ago at a site owned by an independent contractor hired by the chemical company to dispose of the waste material.
The amended notice of motion seeks: (1) dismissal of the complaint pursuant to CPLR 3211; (2) correction and strik*961ing of matter from the complaint under CPLR 3024 (subds [a],…
2Cases cited27 opinions
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Motyka v. City of AmsterdamNew York Court of Appeals · 1965
- Shanley v. Callanan Industries, Inc.New York Court of Appeals · 1981
- Melker v. . City of New YorkNew York Court of Appeals · 1908
22 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- The State of New York v. Shore Realty Corp. And Donald LeograndeCourt of Appeals for the Second Circuit · 1985
- Shaffer v. Acme Limestone Co., Inc.West Virginia Supreme Court · 1999
- Nastasi v. NastasiAppellate Division of the Supreme Court of the State of New York · 2005
- State v. Schenectady Chemicals, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability LitigationDistrict Court, S.D. New York · 2001
23 more not listed; retrieve them via the Exa API.