Lambrinos, et al v. Exxon Mobil Corporation, et al

Filing 201

ORDER: that the judgment entered on 6/29/2007 is VACATED; the claims of pltf John Lambrinos against deft Donald Gagnier are REINSTATED; the claims of pltf John Lambrinos, as assignee of Exxon Mobils cross-claims for statutory contribution pursuant to NY Navigation Law 181(1) against deft Donald Gagnier are REINSTATED; and deft Donald Gagniers cross-claim brought under the NY Navigation Law 181(5) against Exxon Mobil is REINSTATED. Signed by Judge David N. Hurd on 11/25/2009. (see)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ----------------------------------JOHN LAMBRINOS, and NORMAN LANDRY, Plaintiffs, v. EXXON MOBIL CORPORATION, and DONALD GAGNIER, Defendants. ----------------------------------APPEARANCES: POKLEMBA & HOBBS, L.L.C. Attorneys for Lambrinos and Exxon Mobil Suite 307 358 Broadway Saratoga Springs, New York 12866 LIVINGSTON L. HATCH, ESQ. Attorney for Defendant Gagnier 1790 Main Street P.O. Box 345 Keeseville, New York 12944 DAVID N. HURD United States District Judge ORDER Pursuant to the Mandate issued by the United States Court of Appeals for the Second Circuit on October 20, 2009, and entered in the Northern District of New York on November 17, 2009, it is ORDERED that 1. The Judgment entered on June 29, 2007, is VACATED; OF COUNSEL: GARY C. HOBBS, ESQ. 1:00-CV-1734

2. The claims of plaintiff John Lambrinos against defendant Donald Gagnier are REINSTATED1; 3. The claims of plaintiff John Lambrinos, as assignee of Exxon Mobil's crossclaims for statutory contribution pursuant to New York Navigation Law § 181(1) against defendant Donald Gagnier are REINSTATED; and 4. Defendant Donald Gagnier's cross-claim brought under the New York Navigation Law § 181(5) against defendant Exxon Mobil is REINSTATED.

IT IS SO ORDERED.

Dated: November 25, 2009 Utica, New York.

It is noted that partial summary judgment as to liability on plaintiff's RCRA claim against G a g n ie r was denied. (Mem. Dec. & Ord. Sept. 29, 2004.) However, partial summary judgment on the is s u e of Gagnier's liability under N.Y. Nav. L. §181 was granted. Id. -2-

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