Jalayer v. Stigliano

ADDITIONAL CASESJosephine Stigliano as Executrix of the Estate of Anthony G. Stigliano, Third-Party Plaintiffv.The Village of Sea Cliff, Third-Party Defendant

ORDER  Plaintiffs Saeid E. Jalayer, Jinous Atai, Negin Jalayer, and Saam Jalayer (collectively, “Plaintiffs”), bring this action against Defendants Josephine Stigliano (as Executrix of the Estate of Anthony G. Stigliano), Long Island Lighting Company d/b/a LIPA (“LIPA”), and North Shore Cesspool Cleaning Company Inc. (“North Shore”), pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9607. Specifically, Plaintiffs allege that, as prior owner of lots located on 34 Woodridge Lane, Sea Cliff, New York (the “Properties”), Anthony G. Stigliano permitted Defendants LIPA and North Shore to dispose of hazardous substances on the Properties. As such, according to Plaintiffs, Defendants are strictly liable for the past and future costs incurred for investigation, cleanup, remediation, and removal of the contamination caused by the disposal of hazardous substances on the Properties. With leave of the Court, Defendant Stigliano filed a third-party complaint against the Village of Sea Cliff, New York (the “Village”) alleging that to the extent Defendant Stigliano is held liable for CERCLA response costs, Defendant Stigliano is entitled to contribution from the Village for its role in the contamination. In response, the Village filed an answer, which included a counterclaim against Defendant Stigliano as well as crossclaims against the remaining parties for indemnification and contribution. Plaintiffs then filed an amended answer, which included two counterclaims against the Village.Third-party Defendant, the Village, moves, pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Plaintiffs’ second counterclaim, and pursuant to Rule 12(f) to strike certain allegations included in Plaintiffs’ counterclaims.BACKGROUND¹I. Facts Alleged in the Underlying ComplaintIn or about 1950, with the consent of Stigliano, LIPA, the owner and operator of a power plant, began disposing of materials containing hazardous substances on the Properties. (Compl.