Cedar & Washington Associates, LLC v. Port Authority of New York
District Court, S.D. New York
1Opinion of the Court
ORDER AND OPINION APPLYING CERCLA’S “ACT OF WAR” DEFENSE TO DENY PLAINTIFF’S CLAIMS
ALVIN K. HELLERSTEIN, District Judge.
Plaintiff, Cedar & Washington Associates, LLC (“Cedar & Washington”), the owner of a 12-story property at 130 Cedar Street, one block south of the World Trade Center in lower Manhattan, filed this lawsuit to recover substantial cleanup and abatement expenses to remove pulverized dust that infiltrated into its building from the collapse of the Twin Towers on September 11, 2001. Plaintiff sued the Port Authority of New York and New Jersey, Inc. (“Port Authority”) as the owner…
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