New York Court Dismisses Majority of Water Contamination Claims With Prejudice
April 14, 2023
NEW YORK –– A New York federal court has dismissed with prejudice the majority of the claims brought in a water contamination case, finding in part that the plaintiff’s Second Amended complaint again failed to allege that it owed a duty of care to the plaintiff.
In the March 22 order, the U.S. District Court for the Southern District of New York, determined that the plaintiff had not fixed deficiencies related to the majority of the claims and, as such, dismissed those counts with prejudice.
The court did allow one claim –– for defective design –– to proceed against …