FCA ASSOCIATES v. TEXACO, INC.

3 Citing cases

  1. Honeywell Int'l Inc. v. Buckeye Partners

    5:18-CV-646 (FJS/ML) (N.D.N.Y. Jun. 25, 2021)

    Therefore, the Court adopts Magistrate Judge Lovric's recommendation and dismisses Defendants' New York Navigation Law § 176 claims. See ELG Utica Alloys, Inc. v. Niagara Mohawk Power Corp., No. 6:16-cv-01523 (BKS/ATB), 2019 WL 5086020, *7 (N.D.N.Y. Oct. 10, 2019); FCA Assocs. v. Texaco, Inc., No. 03-CV-6083T, 2005 WL 735959, *4 (W.D.N.Y. Mar. 31, 2005).

  2. Honeywell International, Inc. v. Buckeye Partners, L.P.

    5:18-CV-0646 (FJS/ML) (N.D.N.Y. Sep. 3, 2020)

    ” Here, there are no allegations that Defendants have engaged in any cleanup or incurred any costs. See ELG Utica Alloys, Inc., 2019 WL 5086020, at *7 (dismissing a third-party navigation law contribution claim where there was no indication that the defendant had provided any cleanup or removal of petroleum); FCA Assocs. v. Texaco, Inc., 03-CV-6083T, 2005 WL 735959, at *4 (W.D.N.Y. Mar. 31, 2005) (dismissing navigation law claim where there was no indication that third-party claimant “ha[d] provided any cleanup or removal of petroleum from the Site, ” as required by “the plain language of Section 176(8).”

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

    6:16-cv-01523 (BKS/ATB) (N.D.N.Y. Oct. 10, 2019)   Cited 3 times

    Here, there are no allegations that National Grid has engaged in any cleanup or incurred any costs. See FCA Assocs. v. Texaco, Inc., No. 03-cv-6083T, 2005 WL 735959, at *4, 2005 U.S. Dist. LEXIS 6348, at *13 (W.D.N.Y. Mar. 31, 2005) (dismissing navigation law claim where there was no indication that third-party claimant "ha[d] provided any cleanup or removal of petroleum from the Site," as required by "the plain language of Section 176(8)"). Thus, as with National Grid's claim under § 181(5), the Court will dismiss National Grid's Navigation Law claim under § 176(8).