Asserting claims under CERCLA and Article 12 of New York’s Navigation Law, ELG Utica Alloys sought contribution holding Niagara Mohawk and it codefendants liable for their share of $6.7 million in costs incurred in cleaning hazardous substances from a former metal recycling operation in Utica.
On March 23, the court granted defendants summary judgment on Alloys’ federal claims, granted them sanctions for spoliation of evidence, and deferred selection of a sanction. Instantly, district court denied defendant’s request for spoliation sanctions.
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