Cedar & Washington Associates, LLC. v. The Port Authority of New York and New Jersey et al
| Cedar & Washington Associates, LLC. |
| The Port Authority of New York and New Jersey, Silverstein Properties, Inc., World Trade Center Properties LLC, Silverstein WTC Management Co. LLC., 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, 4 World Trade Center LLC, 7 World Trade Company, L.P., HMH WTC, Inc., Host Hotels and Resorts, Inc., Westfield WTC LLC, Westfield Corporation, Inc., Consolidated Edison Company of New York, AMR Corporation, American Airlines, Inc., UAL Corporation and United Airlines, Inc. |
| 1:2008cv09146 |
| October 24, 2008 |
| US District Court for the Southern District of New York |
| Environmental Matters Office |
| New York |
| Unassigned |
| None |
| Federal Question |
| 28:1331 Fed. Question: Other |
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Filing
138
ORDER AND OPINION APPLYING CERCLA'S "ACT OF WAR" DEFENSE TO DENY PLAINTIFF'S CLAIM: Whether CERCLA provides a cause of action for the clean-up costs of World Trade Center dust is, as the court of appeals characterizes, a "tho rny" issue. If that characterization is apt, the applicability of the act-of-war defense could be described as a thicket of thorns. My holding as to the act-of-war defense should be read narrowly, fitting the facts of this case only. It should n ot be a precedent for cognate laws of insurance, for terrorist acts forming the basis of claims for monetary damages, and other such claims, or even for claims by other 9111 plaintiffs that remain pending. I hold, for the reasons expressed in this de cision, that the act-of-war defense is another ground of dismissal for the owner and lessees of the World Trade Center, the Ground Defendants, and the Aviation Defendants. (Signed by Judge Alvin K. Hellerstein on 3/20/2013) Filed In Associated Cases: 1:21-mc-00101-AKH, 1:08-cv-09146-AKH(rdz)
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