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ELG Utica Alloys Inc. v. Niagara Mohawk Power Corp.

National Grid Not 'Injured Person' Entitled to Bring Claim Under Navigation Law §181(5)

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ADDITIONAL CASES Niagara Mohawk Power Corp. d/b/a National Grid, Third-Party Plaintiff v. CBS Corporation (Successor-in-Interest to Westinghouse Electric Corporation), Third-Party Defendant MEMORANDUM DECISION AND ORDER I. INTRODUCTION   This action arises from the investigation of the release or threatened release of hazardous substances at “the Universal Waste Site” (the “Site”), which “operated as a metal recycling operation” in Utica, New York from the 1950s until 2012. (Dkt. No. 43,

1-2). Third-Party Plaintiff Niagara Mohawk Power Corp. d/b/a National Grid (“National Grid”) filed third-party claims against Third-Party Defendant CBS Corporation (successor-in-interest to Westinghouse Electric Corporation) (“CBS” or “Westinghouse”) seeking: (1) contribution and a declaratory judgment under Section 113 of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), as amended, 42 U.S.C. §9613; (2) indemnity and contribution under Article 12 of the New York Navigation Law, N.Y. Nav. Law sections 170 et seq.; and (3) contribution under section 1401 of the New York Civil Practice Law and Rules, N.Y. C.P.L.R. §1401 and New York common law. (Dkt. No. 69,

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