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Abbo-Bradley v. City of Niagara Falls

ELR Citation: 45 ELR 20189
Nos. 1067 CA 14-02111, (N.Y. App. Div., 10/02/2015)

A New York appellate court held that residents may go forward with their personal injury and property damage claims against a city and various companies for failing to properly remediate toxic contamination at the Love Canal Superfund site and for allowing toxins to be released during a 2011 sewer project just outside the remediation area. Below, a court dismissed the residents' claims on the ground of judicial estoppel, concluding that the residents were challenging the CERCLA remedy. But the appellate court reversed. The residents are not challenging the selection, construction, or monitoring of any previous remediation plan. Rather, they are challenging defendants' allegedly faulty performance of their respective obligations in executing the CERCLA remedy.