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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Case Information

Case Title

State of New York et al v. West Side Corp. et al

Case Number



New York Eastern

Nature of Suit

Other Statutory Actions


Eric N. Vitaliano

Date Filed

October 10, 2007

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