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· 4/11/2024

Clover Private Credit Opportunities Origination (Levered) II LP v. AlHusseini

Citations

  • 2024 NY Slip Op 01982

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that proof regarding whether a third party was the sole cause of the release is dispositive concerning the innocent landowner defense
  • noting that \spilling\ and \leaking\ in the definition of disposal should be interpreted actively
  • applying due process analysis to a lien filed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
  • rejecting defendant's innocent landowner defense because third party's contamination was not the sole cause of the release
  • finding a CERCLA lien deprived property owners of \a significant property interest\ but the hearing before a regional judicial officer \afforded sufficient due process\
  • finding a single facility where three parcels were commonly owned, investigated for contamination at the same time, transferred by the same deed, and were in the same undeveloped state

Source: CourtListener parenthetical corpus (CC0).

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