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Bankruptcy Keyed to Epstein 6th Ed.
In re Solitron Devices, Inc.
Citation:
510 B.R. 890 (2014)Facts
Solitron Devices operated a manufacturing facility in Tappan, New York from 1961 to 1987, located within five miles of the Clarkstown landfill. In 1979, NYSDEC cited Solitron for attempting to dump potentially hazardous materials at the Clarkstown landfill. By 1989, the landfill was listed in New York’s Registry of Inactive Hazardous Waste Disposal Sites, and NYSDEC entered into agreements with the town of Clarkstown for cleanup. When Solitron filed for Chapter 11 bankruptcy in 1992, it sent specific notices to NYSDEC about potential environmental claims, but NYSDEC did not file a proof of claim. After Solitron’s plan was confirmed in 1993 and the case closed in 1996, NYSDEC pursued other PRPs for cleanup costs. Several PRPs formed the JDG, settled with NYSDEC, and then filed a contribution lawsuit against Solitron in 2013, seeking to recover a portion of their settlement payment.
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