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MEMORANDUM & ORDER This putative class action is brought on behalf of current and former residents and property owners of Bethpage, New York (“Plaintiffs” or the “Class”) asserting various state law causes of action against defendants Northrop Grumman Corporation (“NG”), Northrop Grumman Systems Corporation (“NGSC”) (collectively “Northrop Grumman”) and the Town of Oyster Bay (“Oyster Bay” or the “Town”) (Northrup Grumman and the Town are collectively referred to as “Defendants”) for injuries and damages allegedly suffered as a result of the release of hazardous substances from Northrup Grumman’s former site of approximately 635 acres in East-Central Nassau County, formerly known as the Grumman-Aerospace-Bethpage Facility Site (“the Site”), as well as 18 acres of land donated by Grumman Corporation (“Grumman”) to the Town of Oyster Bay.Presently before the Court are Defendants’ motions, pursuant to Fed. R. Civ. P. 12(b)(6), to dismiss the claims in the Second Amended Complaint as time-barred. For the reasons set forth below, the motions are denied.BACKGROUNDI. Relevant Procedural HistoryThis putative class action was originally commenced on September 13, 2016, in Nassau County Supreme Court against Northrup Grumman. On October 14, 2016, Northrop Grumman filed a Notice of Removal. An amended complaint was filed on November 4, 2016 adding the Town as a defendant. However, notices of claim, as required by New York’s General Municipal Law, were not served on the Town. As a result, litigation ensued between the Town and Plaintiffs in New York State Supreme Court over whether Plaintiffs could file late notices of claim. In considering whether Plaintiffs’ time to serve notices of claim could be extended, the New York State Supreme Court considered the date on which Plaintiffs’ claims accrued. Among other assertions, Plaintiff took the position that the Plaintiffs were not on inquiry notice of the alleged cause of their injuries until April 2016 when results of soil sampling allegedly revealed chemical levels in excess of state and federal limits. After initially denying the request without prejudice, the New York court granted Plaintiffs leave to file late notices. As of the filing of the instant motion, there was pending a motion for reconsideration of that grant filed by the Town.By stipulation of the parties, approved by the Court, a second amended complaint (“SAC”) was filed on May 4, 2018, adding 12 new Plaintiffs who do not currently reside in Bethpage.II. Allegations of the Second Amended ComplaintThe SAC asserts “individual claims based on negligence, abnormally dangerous activity and absolute and strict liability, trespass, [and] nuisance, and class claims for medical monitoring and property damages” “arising out of the prior and continuing release, discharge, and deposit of toxic and hazardous substances and contaminants into Plaintiffs’ neighborhood and onto Plaintiff’s properties and persons, including but not limited to VOCs and industrial solvents such as trichlorethylene (‘TCE’)[1 and its breakdown products, 2-butanone, tetrachloroethylene ('PERC')2, 1,1,1-trichloroethane, 2-hexanone and carbon tetrachloride." (SAC

7, 9.) These claims are based on the allegations set forth below.A. Northrup Grumman's Operations at the SiteFor over fifty year, until operations ceased in 1996, Northrup Grumman and its predecessor, Grumman, owned and/or operated manufacturing facilities on approximately 600 acres in Bethpage, New York, which facilities were formerly known as the Grumman Aerospace-Bethpage Facility Site (the "Site"). The Site includes the Northrop Grumman-Bethpage Facility (the "Bethpage Facility"), the Naval Weapons Industrial Reserve Plant --- Bethpage ("NWIRP"), and the Grumman Steel Lose Site. Grumman manufactured and tested airplanes, weapons, and satellites at the Bethpage Facility. In connection with its operations, Grumman used, stored and disposed of various radioactive materials, contaminants and solvents at the Site, including "VOCs (one of which, TCE, was used as a degreaser for metal parts), PCBs and others." (SAC

 
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