Commerce Holding Co., Inc. v. Buckstone
Plaintiff Commerce Holding Company, Inc. sued defendants Stanley and Herbert Buckstone, the Roth defendants (executors of Jerrold Roth's estate), and Tronic Plating Company, Inc. for environmental contamination under CERCLA, RCRA, and various state common law claims related to a hazardous waste site in Farmingdale, New York. Commerce, as the property owner, incurred response costs under an EPA consent order due to Tronic's past discharge of toxic substances and sought relief from the defendants. The defendants moved to dismiss the complaint, and Commerce cross-moved for partial summary judgment on CERCLA liability. The Court dismissed the pendent state claims without prejudice, denied the motion to dismiss the CERCLA claim, and deferred decision on the RCRA claim pending further briefing. Commerce's motion for partial summary judgment was denied without prejudice.