In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation, No. 1:2000cv01898 - Document 2766 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER: Accordingly, I adhere to my prior decision: in instances where there were MTBE detections below the MCL prior to October 31, 2000, the City's damages claims are time-barred only if Exxon proves that, prior to October 31, 2000, the City was injured by the detected level of MTBE contamination and the City knew, or should have known, that an NITBE detection at that level was injurious. Insofar as the City seeks injunctive relief, the City's claims are timely for the rea sons stated in the prior decision. For the foregoing reasons, Exxon's motion for summary judgment is denied. The Clerk of the Court is directed to close the motion (No. 04 Civ. 3417, document 342; No. 00 MDL 1898, document 2604).(2604 in 1:00-cv -01898-SAS-DCF, 342 in 1:04-cv-03417-SAS). MOTION for Summary Judgment of Plaintiff City of New York's Claims Related to Station 6 Based on the Statute of Limitations filed by Exxon Mobil Corporation. (Signed by Judge Shira A. Scheindlin on 8/25/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(db)