Aerial View of Downtown Utica in Upstate New York. Photo: Shutterstock Decision of the Day: Court Lacks Basis to Assess Reasonable Attorney's Fees, Cannot Impose Spoliation Sanction
This ruling was selected and summarized by the New York Law Journal's decision editors.
September 18, 2023 at 06:12 PM
2 minute read
Asserting claims under CERCLA and Article 12 of New York's Navigation Law, ELG Utica Alloys sought contribution holding Niagara Mohawk and it codefendants liable for their share of $6.7 million in costs incurred in cleaning hazardous substances from a former metal recycling operation in Utica.
On March 23, the court granted defendants summary judgment on Alloys' federal claims, granted them sanctions for spoliation of evidence, and deferred selection of a sanction. Instantly, district court denied defendant's request for spoliation sanctions.
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