Hendricks v. Joseph A. McNulty Co., Inc. et al.

Hendricks v. Joseph A. McNulty Co., Inc. et al.

John Parker and George Buermann were successful in obtaining a dismissal by the Supreme Court of New York, Suffolk County of all New York Navigation Law causes of action asserted against their client, an environmental remediation company that was retained to remediate an oil spill at a residential property in Long Island. The Navigation Law is New York's strict liability "spill act" which also allows a recovering party to seek its attorney's fees for the prosecution of such claim. Plaintiff's counsel opposed Mound Cotton's motion by claiming a novel "delay of remediation" theory against the insured. The dismissal of the Navigation Law cause of action was critical in controlling a potential windfall of damages to the plaintiff had the insured been declared strictly liable. Significantly, the dismissal of the Navigation Law causes of action also eliminated the exposure that the insured faced for the statutory reimbursement of plaintiff's attorney's fees. The Court held that the remediation company demonstrated that it was not responsible for the oil discharge and dismissed the New York Navigation Law causes of action.

In addition, Mr. Parker and Mr. Buermann were successful in dismissing the plaintiff's Punitive Damages cause of action asserted against their client. The Court reasoned that such an allegation by the plaintiff could not be sustained when considering the actions and conduct of the environmental remediation company.