Judge Trims NY Superfund Suit Against Dow, Others

Law360, New York (June 10, 2011, 7:24 PM EDT) -- A federal judge on Thursday dismissed two public nuisance claims in New York state's suit against Dow Chemical Co. and others over the costs of cleaning up a chemical used in dry-cleaning fluid that leaked from a Queens, N.Y., facility.

Partly granting the defendants' motion to dismiss, U.S. District Judge Eric Vitaliano ruled New York state's three-year statute of limitations for property damage barred nuisance claims for damages based on money the state had already spent.

New York and the commissioner of the state's Department of...
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