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State v. Adamowicz

United States District Court, E.D. New York

March 20, 2013

State of New York, Plaintiff,
v.
Michael Adamowicz, et al., Defendants

Page 341

For State of New York, Plaintiff: Jeanna E. Hussey, LEAD ATTORNEY, N.Y.State Office of the Attorney General, New York, NY; Joseph J. Zedrosser, LEAD ATTORNEY, N.Y.State Office of the Attorney General, Environmental Protection Bureau, New York, NY; Janice A. Dean, Office of the New York State Attorney General, Environmental Protection Bureau, New York, NY; Pedro Medina, New York State, Department of Law, Environmental Protection, New York, NY; Robert C. Schuwerk, New York State Office of the Attorney General, New York, NY; Todd D. Ommen, New York Attorney General's Office, Environmental Protection Bureau, New York, NY.

For Michael Adamowicz, III, individually and as trustee under a deed of trust for the benefit of Michael Adamowicz IV, Elizabeth M. Fraser, One Adams Blvd. Realty Corp., Defendants: Kenneth L. Robinson, Robinson & Associates, P.C., Syosset, NY.

For Rudy, also known as Rudolph P. Marconi, Defendant, Cross Defendant, Cross Claimant: Frederick Eisenbud, LEAD ATTORNEY, Lilia Factor, Lamb & Barnosky, LLP, Melville, NY; Frederick Eisenbud, LEAD ATTORNEY, Law Office of Frederick Eisenbud, Commack, NY.

For One Adams Blvd. Realty Corp., Counter Claimant: Kenneth L. Robinson, LEAD ATTORNEY, Robinson & Associates, P.C., Syosset, NY.

For State of New York, Counter Defendant: Jeanna E. Hussey, LEAD ATTORNEY, N.Y.State Office of the Attorney General, New York, NY; Janice A. Dean, Office of the New York State Attorney General, Environmental Protection Bureau, New York, NY.

For Michael Adamowicz, III, individually and as trustee under a deed of trust for the benefit of Michael Adamowicz IV, Cross Defendant: Kenneth L. Robinson, Robinson & Associates, P.C., Syosset, NY; Theodore W. Firetog, Law Offices of Theodore W. Firetog, Farmingdale, NY.

For Elizabeth M. Fraser, One Adams Blvd. Realty Corp., Cross Defendants: Theodore W. Firetog, Law Offices of Theodore W. Firetog, Farmingdale, NY.

For Rudy, Cross Defendant, Counter Claimant: Frederick Eisenbud, LEAD ATTORNEY, Law Office of Frederick Eisenbud, Commack, NY.

For Michael Adamowicz, III, individually and as trustee under a deed of trust for the benefit of Michael Adamowicz IV, Elizabeth M. Fraser, One Adams Blvd. Realty Corp., Counter Claimants: Theodore W. Firetog, LEAD ATTORNEY, Law Offices of Theodore W. Firetog, Farmingdale, NY.

For State of New York, Counter Defendant: Janice A. Dean, Office of the New York State Attorney General, Environmental Protection Bureau, New York, NY.

Page 342

MEMORANDUM RULING

Tucker L. Melanç on, United States District Judge.

Before the Court is plaintiff State of New York's Motion in Limine [Rec. Doc. 256] and Memorandum of Law in Support [Rec. Doc. 256-1], defendants One Adams Blvd. Realty Corp., Michael Adamowicz III, and Elizabeth M. Fraser's Memorandum of Law in Opposition [Rec. Doc. 257], and plaintiff's Reply Memorandum of Law in Support [Rec. Doc. 258]. Also before the Court are the plaintiff's and the defendants' letter memoranda [Rec. Docs. 264, 266] (" Summary Memoranda" ) summarizing the parties' positions on the plaintiff's Motion in Limine, filed pursuant to the Court's December 20, 2012 Minute Entry [Rec. Doc. 262]. The plaintiff's Motion seeks to exclude any evidence offered to support the defendants' affirmative defense that at least some of the plaintiff's costs were " unnecessary" and therefore not recoverable as part of plaintiff's CERCLA claim (" unnecessary costs defense" ). [Rec. Doc. 256-1, at 1].[1] The defendants argue in opposition that their unnecessary costs defense is viable ...


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