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Olindo Enters., Inc. v. Rochester, City of

ELR Citation: 38 ELR 20077
Nos. No. 05-6246, (W.D.N.Y., 03/07/2008)

A district court denied a motion to dismiss claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and New York law for lack of evidence demonstrating defendant contributed waste to the site in question. Plaintiff's expert's professional experience and the methodology he uses to render his opinion satisfy the requirements of Rule 702 of the Federal Rules of Evidence. He considers testimony, historical data, and laboratory data that form a sufficiently reliable basis for his opinion. He need not rely on published studies or conduct independent testing, as defendant claims.