New York v. Hickey's Carting, Inc., 380 F.Supp.2d 108 (E.D.N.Y. 2005) (CERCLA did not preempt state's common law claims; fact issues remained as to when state implemented remedial program for cleanup of town's landfill; and state sufficiently alleged cause of action for implied indemnity).
W.J.F. Realty Corp. v. Town of Southampton, 261 A.D.2d 609, 690 N.Y.S.2d 725
(2d. Dep't. 1999) (determination that denial of exemption violated developer's equal protection rights was improper in absence of proof that developer was similarly situated to other properties granted an exemption; and developer failed to show town's conduct was not in furtherance of legitimate governmental objectives).
Prato v. Vigliotta, 253 A.D.2d 746, 677 N.Y.S.2d 386 (2d. Dep't 1998) (plaintiffs could not recover for negligent infliction of emotional distress arising out of alleged toxic exposure).
Village of Nissequogue v. Suffolk County Dept. of Civil Service, 157 A.D.2d 784, 550 N.Y.S.2d 384 (2d Dep't. 1990) (statute providing that employee holding civil service appointment for a period of three years would be presumed to have been duly appointed or promoted was not applicable to "acting police officers" whose appointment by village board were temporary or provisional).
Eisenbud v. Suffolk County, 841 F.2d 42 (2d. Cir. 1988) (county financial disclosure law does not violate attorneys employed by the county's rights under equal protection clause).
Jancyn Mfg. Corp. v. Suffolk County, 71 N.Y.2d 91, 518 N.E.2d 903
(1987) (county ordinance prohibiting sale of cesspool additives without prior approval by county commissioner was not preempted by state statute prohibiting sale and use of sewage system cleaning additives containing certain toxic chemicals).
People v. Roth, 121 A.D.2d 576, 503 N.Y.S.2d 627 (2d Dep't. 1986) (People could properly aggregate the various disposals of hazardous wastes which defendant allegedly made in 11-month period at three sites to reach quantity required for felony).
Henry v. Noto, 50 N.Y.2d 816, 407 N.E.2d 1329 (1980) (county legislature resolution empowering county executive and presiding officer to approve or disapprove a request to fill any position earmarked by director of budget was inapplicable as applied to the office of the district attorney, inasmuch as it gave the county executive and presiding officer power unilaterally to frustrate action of legislature in authorizing assistants for the district attorney).
People v. Luongo, 47 N.Y.2d 418, 391 N.E.2d 1341 (N.Y. 1979) (evidence was sufficient to show guilty intent on part of defendant and to establish that he had committed crime of larceny by false promise, and (2) principles of double jeopardy did not preclude such defendant, who had been convicted of multiple counts of larceny by false promise in one county, from being prosecuted in another county for larceny by false promise in connection with transactions relating to same plan which was involved in the prior convictions).
People v. Dairsaw, 46 N.Y.2d 739, 386 N.E.2d 249 (N.Y. 1978) (improper postponing of arraignment did not render any statements made by defendant after his arrest involuntary as matter of law).
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