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

Contribution Claims Under CPLR §1401, State's Common Law Not Precluded by CERCLA

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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 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. (the “Navigation Law”); 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 (the “contribution claim”). (Dkt. No. 69,

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