Diamond v. Martin-Deichsel Leather Co.

This is an action for an injunction to enforce the water pollution abatement order of plaintiff’s predecessor, dated September 18, 1967, and the provisions of article *34212 of the Public Health (“ Water Pollution Control Law ”), and to recover the statutory penalties pursuant to section 1250 of the Public Health Law for defendant’s alleged violation of said abatement order, and the provisions of article 12 of the Public Health Law.

Plaintiff now moves to dismiss, pursuant to CPLR 3211 (subds. [a], [b]), the ‘ ‘ First, Separate and Distinct Complete Defense and Counterclaim ” contained in paragraphs…