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D'Amico v. Waste Management of New York LLC

Negligence, But Not Public Nuisance Stated in Suit Over Odors From Landfill

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DECISION AND ORDER INTRODUCTION   Plaintiff James W. D’Amico (“Plaintiff”) brings this putative class action, on behalf of himself and all others similarly situated, against Defendant Waste Management of New York, LLC (“Defendant”), alleging common law claims for public nuisance and negligence arising from Defendant’s operation of the High Acres Landfill and Recycling Center (the “Landfill”) in Perinton, New York. (Dkt. 38). Specifically, Plaintiff alleges that Defendant’s operation of the Landfill has caused noxious odors to be emitted into the surrounding environment, resulting in property damage to himself and the owner/occupants and renters in the surrounding area. (Id. at 2-5). Presently before the Court is Defendant’s motion to dismiss Plaintiff’s Second Amended Complaint (the “SAC”). (Dkt. 39). For the following reasons, Defendant’s motion is granted in part and denied in part. BACKGROUND1 Defendant operates the Landfill on a 1,100-acre site and “accepts municipal solid waste, industrial and special waste, construction and demolition debris, and other waste for disposal.” (Dkt. 38 at

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