In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 3902

DECLARATION of Susan M. Dean in Opposition re: (318 in 1:08-cv-00312-SAS) MOTION for Summary Judgment as to Getty Property Corp.'s Third-Party Complaint.. Document filed by Getty Properties Corp.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(McMeekin, John)

LEA.RY,BRIDE,TINKER & MOR.AN
7 Ridgedale Avenue
cea~xnoi~S,NJ 07927
[phone]
Attorneys for defendandthird party plaintiff ROBERT MELECCI
File No.25260 JDB
Superior Court ofNew Jersey
T,aw Division: Middlesex County
H.P. DELTA,INC.,
Docket Number: L-7781-07
Plaintiffs),
Civil Action

VS.

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ROBERT MELECCI,LUKOIL AMERICAS
CORPORATION,A N~'W YORK
CORPORATION (as a successor to Getty Oil
Company} and GETTY PETROLEUM
MARKETING,INC.(as a successor to Getty
OiI Company),
Defendant(s),
ROBERT MELECCI

~
ANSWER TO FIRST AMENDED
COMPLAINT,COiJNTERCLAIM,TH1RD
PARTY COMPLAINT,SEPARATE
DEFENSES,CLAIM FOR
CONTRIBUTION,ANSWER TO
CROSSCLATNI,CROSSCLATM,
REQUEST FOR STATEMENT OF
DAMAGES,REQUEST FAR
ALLOCATION,DESIGNATION OF
TRIAL COUNSEL,CERTIFICAT[ON,
JURY DE11~AI~D

Defendant/'I'hird Party Plaintiff
v.

DHANDI TRANSPORT,INC.

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Third Party Defendant

The defendant/third party plaintiffROBERT MELECCI, by way of Answer to the
First Amended Complaint, says:
1NTRODUCTI~N
1.

This defendandthird party plauitiffneither admits nor denies the allegations

contained in Paragraph 1 and Ieaves plaintiffto kis proof.

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3.

Contnbution under the provisions of the New 3ersey Spill Compensarion and

Control Act, N.J.S.A. 58x10-23.11, et seq.
4.

Attorneys fees and costs

5.

Such other relief as the Court may deem equitable and just.
THIIZD PARTY COMPLAINT

Robert Melecci,by way ofThird Party Complaint against Dhandi Transport, Tnc. by
and t~rougln its attorneys Leary, Bride, Tinker &Moran,says:
1.

As against third party defendant Dhandi Transport, Tnc.(Dhandi),

defendantJthird pu-ty plaintiffrepeats alb claims set forth in plaintiffs First Amended
Complaint,filed in the Superior Court ofNew Jersey, Law Division, Middlesex County
under Docket Number MID-L-7781-Q1 (Exhibit A).
FIIZS'~~T
NEGLIGENCE
2.

Dhandi delivered gasoline to the subject property.

3.

Dhandi was negligent in its delivery of gasoline.

4.

As a direct result ofDhandi's negligence,the subject property has been and

continues to be damaged.
SECOND COUNT
NEW JERSEY SPILL COM~'ENSATIQN AND CONTROL ACT
S.

Paragraphs 1 and 4 are repeated and realleged as ifset forth in full herein

6.

Dhaudi is strictly liable pursuant to the New Jersey Spill Compensation and

Control Act for the discharge of gasoline and/or hazardous substances from the subject
property.

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7.

Plaintiff H.P.Delta has sought to recover costs from the defendanUthird

party plaintiffin connec#ion with alleged investigation and remediation action being taken at
the property.
S.

Pursuant to the Spill Act,defendandthird party plaintiffis entitled to an

Order(1)compelling third party defendant to arrange and pay for the investigation and
remediation of the subject containinatioz~ andlor {b)compelling third pazty defendant to
cleanup the subject contamination.
WHEREFORE Robert Melecci demands Judgment against Dhandi Transport,Inc. as

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follows:
1.

Declaring that Dhandi is liable for all response costs and costs ofzemedial

actions undertaken as a consequence ofthe release or threatened release ofhazardous
substances at the sub3ect property.
2.

Declaring that Robert Melecci is noE responsible for the response costs or the

costs ofremedial actions undertaken as a consequence ofthe release or threatened release of
hazardous substances at the Properly_
3.

j

Contribution under the provisions of the New jersey Spill Compensation and

Control Ack, N.J.S.A. 58:10-23.11,se seq.
4.

Attorneys fees and casts

5.

Such other relief as the Court may deem equitable and just.

CLAIM FOR CONTRIBUTION
Defendant/third par[yplaintiffRobert Melecci, demands contribution from. all codefendants in accozdance with the provisions ofthe Joint Tortfeasors Conhibution Law and
the Comparative Negligence Law.