More Briefing Needed On Timeliness Of State’s CERCLA Claim, Judge Rules

Mealey's (August 6, 2019, 1:20 PM EDT) -- NEW YORK — A federal judge in New York on Aug. 5 ruled that a motion to dismiss filed by defendants accused by the state of New York and the commissioner of the New York Department of Environmental Conservation (DEC) of contributing to contamination at Roberto Clemente Park in Brentwood, N.Y., should be converted into a motion for summary judgment in order for the parties to submit additional briefing as to whether the plaintiffs’ Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claim is timely (Basil Seggos, et al. v. Thomas Datre Jr., et al., No. 17-cv-2684, E.D. N.Y., 2019 U.S. Dist. LEXIS 130623)....