White Plains Housing Authority v. BP Products North America Inc.

Filing 223

ORDER & OPINION : After a review of the materials, it is hereby ORDERED that the stay of the sale is lifted on the condition that White Plains Hospital is prepared to step into the shoes of Marianina in all aspects of this matter, meaning tha t White Plains Hospital will assume any and all existing liabilities, defenses, as well as the right to appeal just as Marianina would, the procedural posture of this case will not change, and Plaintiff retains the same rights, claims, and d efenses against White Plains Hospital it otherwise would possess as against Marianina; ORDERED that should Marianina complete the sale of the Service Station to White Plains Hospital in accordance with this order as outlined above, White Plains Hospital shall be substituted as the named defendant. (Signed by Judge Nelson Stephen Roman on 7/25/2022) (ate)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
WHITE PLAINS HOUSING AUTHORITY,

7/25/2022

Plaintiff,
No. 17-cv-06250 (NSR)
ORDER & OPINION

-againstMARIANINA OIL CORP.,
Defendant.
NELSON S. ROMÁN, United States District Judge:

Plaintiff White Plains Housing Authority (“Plaintiff”), brings this action against
Marianina Oil Corporation (“Defendant” or “Marianina”), asserting claims under the Resource
Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6901 et seq. (ECF No. 59.) Plaintiff
alleges that its property was contaminated by discharges of gasoline and toxic-biproducts of
gasoline emanating from a former gasoline station at 34 East Post Road, White Plains, New
York (the “Service Station”), which is currently owned, and was formerly operated, by
Defendant. (Id.) On May 6, 2022, the Court held a show cause hearing where the parties
discussed Marianina’s sale of the Service Station to White Plains Hospital. After oral argument,
the parties consented to the Court’s oral order staying the closing of the sale until the parties
could agree on a rider to add to the purchase and sale agreement that confirms that White Plains
Hospital would be stepping into the shoes of Marianina in the instant action. The Court has now
received several letters from Marianina requesting the Court lift the stay (ECF Nos. 217; 219;
221) and several letters from Plaintiff opposing the request (ECF Nos. 218; 220; 222.) After a
review of the materials, it is hereby
ORDERED that the stay of the sale is lifted on the condition that White Plains Hospital is
prepared to step into the shoes of Marianina in all aspects of this matter, meaning that White