A federal judge in Newark has declined to dismiss claims against Bath Iron Works for $19 million in environmental contamination at the former Congoleum property in Kearny, rejecting an argument that the claims are precluded by the settlement of related asbestos claims in bankruptcy court.
U.S. District Judge Kevin McNulty of the District of New Jersey denied Bath Iron’s motion to dismiss third-party claims against it lodged by DVL Inc., a New York real estate company that paid $19 million to remediate contamination at the Kearny site, at 160-194 Passaic Ave., and Congoleum Inc., which is accused in a suit of causing the contamination to the site.
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