Legal Opinion
DVL, Inc. v. Niagara Mohawk Power Corp.
Court of Appeals for the Second Circuit
Decided August 2, 2012No. 11-26-cvUnpublishedCited by 11 opinions
1Opinion of the Court
SUMMARY ORDER
Plaintiff-appellant DVL, Inc. (“DVL”) is a commercial real estate owner that acquired a piece of property in Fort Edward, New York (the “DVL Site” or “Site”) in 2002. At the time of acquisition, DVL was unaware that soil at the Site contained quantities of polychlorinated biphenyls (“PCBs”). In 2003, DVL learned that the New York State Department of Environmental Conservation (“DEC”) was concerned about PCB contamination at the DVL Site. A preliminary site assessment conducted by an engineering firm retained by DEC from 2003 to 2004 revealed the presence of several types of PCBs…
2Cases cited12 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- General Electric Co. v. JoinerSupreme Court of the United States · 1997
- United States v. GarciaCourt of Appeals for the Second Circuit · 2005
- Burlington Northern & Santa Fe Railway Co. v. United StatesSupreme Court of the United States · 2009
- Kuebel v. Black & Decker Inc.Court of Appeals for the Second Circuit · 2011
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3Cited by11 opinions
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- Acee v. Oneida Savings BankDistrict Court, N.D. New York · 2015
- Engineered Arresting Systems Corp. v. M/V Saudi HofufDistrict Court, S.D. New York · 2014
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