105 Mt. Kisco Assocs. v. Carozza

摘要

For the foregoing reasons, Defendant WCDOH's motion to dismiss is GRANTED in part and DENIED in part, Defendants Village of Mount Kisco/ MKURA's motion to dismiss is GRANTED in part and DENIED in part, Defendant Carozza's motion to dismiss is GRANTED in part and DENIED in part, Defendant Merritt's motion to dismiss or for summary judgment and for sanctions is GRANTED in part and DENIED in part, and Defendant Teledyne/Environmental Inc.'s motion to dismiss is GRANTED in its entirety. Defendants Merritt, Teledyne/Environmental Inc., and MKURA are dismissed from this action. Plaintiffs' claims for indemnification and contribution are dismissed as against all parties, and Plaintiffs' claims for "remediation" actions as defined by CERCLA are dismissed with prejudice. Plaintiffs' claim against Carozza subject to arbitration is dismissed as described herein. As to claims not dismissed with prejudice, Plaintiffs are granted leave to file an amended complaint in conformance with this Opinion on or before April 29, 2017. The Defendants are directed to file responsive pleadings by May 29, 2017. The parties are directed to contact the chambers of Magistrate Judge McCarthy to schedule a status conference. The Clerk of Court is respectfully requested to terminate the motions at ECF Nos. 107, 115,121,128, and 136.