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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS -------------------------------------------------------------------x

PATRICIA BAUMBACH, AB JEWEL ASSOCIATES INC., AB NORMAN ASSOCIATES INC., ANOROCREALTY INC., GINA ARGENTO, TERESA BAGINSKI, ALICE BAJNO, WOJCIECH BAJNO, MARIA BALUKA, INDEX NO. 37644/2005 STANISLAW BALUKA, DAWN BAUER, PAWEL BEDNAREK, VIRGINIA BEDNAREK, CHARLOTTE BEETZ, 97 BERTMAN TRUST, ENEIDA BELLARO, STEVEN BELLARO, THOMAS BENNETT, VIRGINIA BENNETT, JAWIGA BERTMAN, ANDRZEJ BIELECKI, BRACK BIVINS, PAMELA BLAKE, RONALD BLENDERMAN, AURA BOBADILLA, PATRICIA THIRDBOYLE, DEBORAH BRADY, JAMES BRADY, AMENDEDWIESLAW BRASZKA, BEBI BRIENZA, MICHAEL COMPLAINT BRIENZA, KEARA BROWNE, PATRICK BROWNE, GRACE BRUGALETTA, CHRISTINE BRZEZINSKI, DONALD BUDDENHAGEN, ELLEN BUDDENHAGEN, JENNIE BULGER, JOSEPH BULGER, PREMEKBUREK, WLADYSLAW BUREK, MARIAN BURKE, JURY TRIAL KEVIN CAHILL, MARIA CAHILL, KATHERINE DEMANDEDWEILUNSKI CAMPBELL, CARMEN CARDEN, JOHN M. CARDEN, CHRISTOPHER CARDILLO, JONAH CARDILLO, CAROL CARRION, JOHN CARRION, KENNETH CHARLES, VIRGINIA CHARLES, MICHELE CHESNICKA, DOROTHY CHIAINO, MARCO CHIERICHELLA, MICHELLE CHIERICHELLA, ROCCOCHIERICHELLA, ROCCO M. CHIERICHELLA, CHRISTOPHER CHMARZEWSKI, JANINA CHMARZEWSKI, DANIEL CHMIELEWSKI, JAN CHMIEWLEWSKI, REGINA CHMIEWLEWSKI, REGINA CHOINSKI, STANISLAW CHOINSKI, MIECZYSLAW CIELEPAK, ALLISON CONLON, MAUREEN CONLON, MICHAEL CONLON, ROBERT CONLON, ANNA CONNELLY, JOHN CONNELLY, ROBERT CUMBERLAND, GERALDINE CURTIN, WILLIAM CURTIN, EDWARD DABROWSKI, JOLANTA DABROWSKI, GARRY DAVENPORT, MARION DAVERIN, ALICE DEDONA, ANTHONY DEDONA, ANTHONY DEDONA, JR., COURTNEY DEDONA, JILLIAN DEDONA, ANTHONY DEDONA, JACQUELINE DEDONA, MIKE DEIGNAN, VERONICA DEIGNAN, CATHERINE DEMPSEY-BROWNE, GEORGE

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DIACUMAKOS, WILLIAM DIFAZIO, CHRIS DILLON, ROBIN DILLON, JUDITH DOHRMAN, OLGA DONADIO, DIAMOND STREET PROPERTIES, INC., ROMUALD DYMKOWSKI, ANNA FAGAN,CHRISTOPHER FAGAN, KATHLEEN FERGUSON, MICHAEL FERGUSON, PATRICIA FERGUSON, EUGENE FERRIS, CHRISTINE FICO, WACLAW FILIPKOWSKI, ZOFIA FILIPOWICZ, CATHERINE FINNEY, TOM FINNEY, DANIELLE FOSTER, DIANE FOSTER, EARL FOSTER, EDWARD FOX, ELENOREFOX, CHARLES FRIEDMAN, NANCY FRIEDEMANN, DANNY FUDJINSKI, LAURA FUDJINSKI, CELINA GARBOWSKI, KAZIMIERZ GARBOWSKI, IRENA GEIRALTOWSKA, GEORGE GEIST, JOHN GEIST, ROBERT GERMINO, JOHN GESUALDI, MILDRED GESUALDI, EWA GIERNICKI, MAREK GIERNICKI, ELIZABETH GIFFORD, FRANCO GIGANTE, LESLIERAGO GIGANTE, SERAFINA GIGANTE, KADAR GOBIN, JADWIGA GOLASZEWSKI, JERZY GOLASZEWSKI, KRZYSZTOF GOLASZEWSKI,ROBERT GOLASZEWSKI, NATALIA GORSKA, MARCIN WOJCJECH GORSKI, REGINA GORSKA, BLANCA GRANADOS, ADAM GRODZKI, ANNA GRODZKI, DANIEL GRODZKI, MIROSLAW GRODZKI, KRYSTYNA GROMEK, MICHAEL GUIDO, VITO GUIDO, EVELYN HAN, FRANK HAN, F. JONATHAN HAN, JACKIE HAN, JENNIFER HAN, MICHELLE HAN, ERIC HARTLEY, IWONA HARTLEY, EVAN HAUSE, MAUREEN HAUSE, SUSANNA HELLER, TRACY HENEBERGER, MARY HERBAN, MARY HERLING-NILSSON, ANREW J. HOLOWACZ, CHRISTINE HOLOWACZ, HUMBOLDT ENTERPRISES, LLC, JOHN INNAMORATO, VICTORIA INNAMORATO, GIUSEPPE IULIANO, HENRYK JABLONOWSKI, MALGORZATA JABLONOWSKI, WALTER JAMES, WLADYSLAWA JAMES, BARBARA JANANIS, STANISLAW JANANIS, ANDRZEJ KACPERSKI, ZOFIA KACPERSKI, ANDREZEJ KAMINSKI, KRZYSZTOF KAPICA, MIKE KAWOCHKA, JAMES KEELEY, HELEN KERWICK, ANDRZEJ KIELBIOWSKI,ANNA KIELBIOWSKI,IWONA KIELBIOWSKI, JOSEPH KIELBIOWSKI,KINGSLAND REALTY, KINGSLAND REALTY LLC, LUCJA KISELOW, BRIAN KLEM, MALGORZATA KLEWINOWSKI,ZENON KLEWINOWSKI, MARK KLICH, ROZA KLICH, IRENA KLUZ, EDWARD KNAPIK, KATARZYNA KNAPIK, MONIKA KNAPIK, CHARLES

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KOEHLER, CZESKAINA KONONCZYK, PIOTRKONONCZYK, TERESA KOSINSKI, DOROTA KOST, EWA KOSZOWSKA, ELIZABETH KOVACINY, JERZY KOWALIK, SABINA KOWALIK, ANTONI KOZIKOWSKA, HALINA KOZIKOWSKA, KREGER TRUCK RENTING CO. INC., ANDRZEJ KRUKOWSKI, JOANNA KRUKOWSKA, ROBERT KUCZMARA, JEFF KULIKOWSKI, PATRICIA KULIKOWSKI, JANUSZ KUKULA, PATRICIA LEWIS, STEPHEN LEWIS, ADAM LOMOTOWSKI, AGNES LOMOTOWSKI, IRENA LOMOTOWSKI, STANISLAW LOMOTOWSKI, ROBERT MALDONADO, MIROSLAW MALINOWSKI, MALGORZATAMARCZAK, MATEUSZ MARCZAK, IVAN MARKOVICH, SMILIA MARKOVITCH, MARY MARSH, JACLYN MARTINEZ, PABLO MARTINEZ,PAUL MARTINEZ, ROSA MARTINEZ, ROSALIE MARTINEZ, HENRYK MAYCHRZAK, SUSAN MAYR, JOANN MCERLEAN, ROBERT MCERLEAN, ANTOINETTE MCLAUGLIN,EILEEN MCLAUGHLIN, TRACY MERCKLING, ROBERT MIHALKO, JADWIGA MIHATOV, MARIA MIKOLAJCZYK, JOANN MIKULAK, WILLIAM MIKULAK, MILL PAPER BOX, CELINA MITCHELL, GIRARD MITCHELL, LEONARD MLECZKOWSKI, NATALIE MOORE, 540 MORGAN REALTY LLC, EWAMOSCICKA, PIOTR MOSCICKI, BOGDAN MROCZKOWSKI, JANINA MROCZKOWSKI, ELIZABETH NEMETH, THOMAS NEMETH, IVANA NIKOLIC, JEANETTE NILSSON, JEFF NILSSON, MARYELLEN NOROWSKI, RICHARD NOROWSKI, 275 NORTH HENRY PROPERTIES, INC., ALICJA O’CONNOR, MICHAEL O’CONNOR, CAROL O’NEILL, DANIEL O’NEILL, PAUL O’NEIL, MARTIN O’REILLY, PATRICIA O’REILLY, ROGER OWENS, ROBERT PACZKOWSKI, JOE PAGANO, LAURA PAGANO, IAN PANTELEONE, LINDA PANTELEONE, LINDA G. PANTELEONE, LOUIS PANTELEONE, LOUIS PANTELEONE – AS ATTORNEY IN FACT FOR SYLVIA PANTELEONE, JEANNIE PAPAVERA, CYNTHIA PARCIAK, WIESLAW PARCIAK, ROSEMARIE PAWLIKOWSKI, ADAM PEDOTA, JANE PEDOTA, PEREZ INTERBORO ASPHALT CO., INC., ALICIAPEREZ, GEORGE L. PEREZ, LUIS M. PEREZ, NANCY PETRULLO, ROBERT PETRULLO, CECYLIAPIENEZYKOWSKA, RENATE PIRRO, KATHLEEN PORUCZNIK, THOMAS PORUCZNIK, ALFRED PROTO, MARIA PROTO, EDWARD QUACKENBUSH, ERIN

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QUACKENBUSH, MAUREEN QUACKENBUSH, JOHN RIESS, KARI RIESS, ANGEL RIOS, CARMEN RIOS, MARIE RIVERS-PELLEGRINO, OLGA ROACH, ROBERT ROACH, THOMAS ROACH, ANIBAL RODRIQUEZ, DONNA RODRIGUEZ, BOZENA ROGALSKA, ELWIRA ROGOZIA, JOHN ROGOZIA, ALEX ROKOWSKY, LEAH ROSS, JANINA ROSZKOWSKA, LAURANN RUFRANO, LEWIS RUFRANO, ALICJA SADOWSKA, PAULINA SADOWSKA TOMMASO SANTINO, EDITH SCHKRUTZ, CLAUS SCHOENWIESE, SDK REALTY LLC, SARAH SEWARD, BARBARA SKORNIEWSKA, ELIZABETH SKOWRONSKI, CHRISTINE STEFFEN, DONNA STEFFEN, ALICE STONE, TOM STAGG, EUGENE STARKY, ZBIGNIEW STASIEWICZ, ANNA STEFANOWICZ, BOGDAN STEFANSKI, MALGORZATA STEFANSKI, ALICE STONE, DOREEN SUDANO, WINCENTY SURDYKA, ADAM SUTOWSKI, DOROTHY SWICK, RAYMOND SWICK, FELICYA SZACKI, MARY SZCZECH, CAROL SZUMSKI, JAN TABOR, JOZEFA TATARYNOWICZ, WALTER TATARYNOWICZ, JAMESTINISKI, NAEMI TINISKI, KENNETH TOGLIA, MORGANA TOGLIA, ANNA TOKARSKI, PAUL TOKARSKI, SUZANNE TOMATORE, DANUTA TOMCZAK, KRZYSZTOF TOMCZAK, THOMAS TOMCZAK, YVETTETOMCZAK, ALFREDO TORRES, DOREEN TORRES, EUGENE TORRES, TINA TORRES, ANDREW TUOMEY, STEPHANIE TUOMEY, BRUCE VANACOUR, JACQUELINE VARANO, ANTHONY VESPOLE, VINCENT VESPOLE, DIANE FORMATO-VITOLO, RAYMOND VITOLO, ANDREW J. WASHACK, ROSALIE WASHACK, ROMUALDA WASILEWSKI, ANDRZEJ WASZAKOWSKI, RUDOLPH WECHSLER, BARBARA WENZEL, CHRISTINE WENZEL, MICHAEL WENZEL, BEATRICE WOLERT-WEESE, ERIK WEESE, AMY WIELUNSKI, PAUL WIELUNSKI, MADELINE WIERZBICKY, BARBARA WIERZEL, MADELINEWIERZL, GREGORY WOJNO, PHYLLIS WOJNO, BARBARA WOLERT, MARZENA WOLERT, VINCENT WOLERT, RICK WOODS, YUN WOODS, TADEUSZ ZAGORSKI, MAREK ZARZYCKI, ANDRZEJ ZDUNCZYC, EWA DOROTA ZDUNCZYC and KATARZYNA ZDUNCZYC,

Plaintiffs,

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- against -

EXXONMOBIL CORPORATION, BP PRODUCTS NORTH AMERICA INC., TEXACO INC.,PEERLESS IMPORTS INC., ROUX ASSOCIATES INC. and JOHN and JANE DOES 1 through 100,

Defendants.

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Plaintiffs, PATRICIA BAUMBACH, AB JEWEL ASSOCIATES INC., AB NORMAN

ASSOCIATES INC., ANOROC REALTY INC., GINA ARGENTO, TERESA BAGINSKI,

ALICE BAJNO, WOJCIECH BAJNO, MARIA BALUKA, STANISLAW BALUKA, DAWN

BAUER, PAWEL BEDNAREK, VIRGINIA BEDNAREK, CHARLOTTE BEETZ, 97

BERTMAN TRUST, ENEIDA BELLARO, STEVEN BELLARO, THOMAS BENNETT,

VIRGINIA BENNETT, JAWIGA BERTMAN, ANDRZEJ BIELECKI, BRACK BIVINS,

PAMELA BLAKE, RONALD BLENDERMAN, AURA BOBADILLA, PATRICIA BOYLE,

DEBORAH BRADY, JAMES BRADY, WIESLAW BRASZKA, BEBI BRIENZA, MICHAEL

BRIENZA, KEARA BROWNE, PATRICK BROWNE, GRACE BRUGALETTA, CHRISTINE

BRZEZINSKI, DONALD BUDDENHAGEN, ELLEN BUDDENHAGEN, JENNIE BULGER,

JOSEPH BULGER, PREMEK BUREK, WLADYSLAW BUREK, MARIAN BURKE, KEVIN

CAHILL, MARIA CAHILL, KATHERINE WEILUNSKI CAMPBELL, CARMEN CARDEN,

JOHN M. CARDEN, CHRISTOPHER CARDILLO, JONAH CARDILLO, CAROL CARRION,

JOHN CARRION, KENNETH CHARLES, VIRGINIA CHARLES, MICHELE CHESNICKA,

DOROTHY CHIAINO, MARCO CHIERICHELLA, MICHELLE CHIERICHELLA, ROCCO

CHIERICHELLA, ROCCO M. CHIERICHELLA, CHRISTOPHER CHMARZEWSKI,

JANINA CHMARZEWSKI, DANIEL CHMIELEWSKI, JAN CHMIEWLEWSKI, REGINA

CHMIEWLEWSKI, REGINACHOINSKI, STANISLAW CHOINSKI, MIECZYSLAW

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CIELEPAK, ALLISON CONLON, MAUREEN CONLON, MICHAEL CONLON, ROBERT

CONLON, ANNA CONNELLY, JOHN CONNELLY, ROBERT CUMBERLAND,

GERALDINE CURTIN, WILLIAM CURTIN, EDWARD DABROWSKI, JOLANTA

DABROWSKI, GARRY DAVENPORT, MARION DAVERIN, ALICE DEDONA,

ANTHONY DEDONA, ANTHONY DEDONA, JR., COURTNEY DEDONA, JILLIAN

DEDONA, ANTHONY DEDONA, JACQUELINE DEDONA,MIKE DEIGNAN, VERONICA

DEIGNAN, CATHERINE DEMPSEY-BROWNE, GEORGE DIACUMAKOS, WILLIAM

DIFAZIO, CHRIS DILLON, ROBIN DILLON, JUDITH DOHRMAN, OLGA DONADIO,

DIAMOND STREET PROPERTIES, INC., ROMUALD DYMKOWSKI, ANNA FAGAN,

CHRISTOPHER FAGAN, KATHLEEN FERGUSON, MICHAEL FERGUSON, PATRICIA

FERGUSON, EUGENE FERRIS, CHRISTINE FICO, WACLAW FILIPKOWSKI, ZOFIA

FILIPOWICZ, CATHERINE FINNEY, TOM FINNEY, DANIELLE FOSTER, DIANE

FOSTER, EARL FOSTER, EDWARD FOX, ELENORE FOX, CHARLES FRIEDMAN,

NANCY FRIEDEMANN, DANNY FUDJINSKI, LAURA FUDJINSKI, CELINA

GARBOWSKI, KAZIMIERZ GARBOWSKI, IRENA GEIRALTOWSKA, GEORGE GEIST,

JOHN GEIST, ROBERT GERMINO, JOHN GESUALDI, MILDRED GESUALDI, EWA

GIERNICKI, MAREK GIERNICKI, ELIZABETH GIFFORD, FRANCO GIGANTE, LESLIE

RAGO GIGANTE, SERAFINA GIGANTE, KADAR GOBIN, JADWIGA GOLASZEWSKI,

JERZY GOLASZEWSKI, KRZYSZTOF GOLASZEWSKI, ROBERT GOLASZEWSKI,

NATALIA GORSKA, MARCIN WOJCJECH GORSKI, REGINA GORSKA, BLANCA

GRANADOS, ADAM GRODZKI, ANNA GRODZKI, DANIEL GRODZKI, MIROSLAW

GRODZKI, KRYSTYNA GROMEK, MICHAEL GUIDO, VITO GUIDO, EVELYN HAN,

FRANK HAN, F. JONATHAN HAN, JACKIE HAN, JENNIFER HAN, MICHELLE HAN,

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ERIC HARTLEY, IWONA HARTLEY, EVAN HAUSE, MAUREEN HAUSE, SUSANNA

HELLER, TRACY HENEBERGER, MARY HERBAN, MARY HERLING-NILSSON,

ANREW J. HOLOWACZ, CHRISTINE HOLOWACZ, HUMBOLDT ENTERPRISES, LLC,

JOHN INNAMORATO, VICTORIA INNAMORATO, GIUSEPPE IULIANO,HENRYK

JABLONOWSKI, MALGORZATA JABLONOWSKI, WALTER JAMES, WLADYSLAWA

JAMES, BARBARA JANANIS, STANISLAW JANANIS, ANDRZEJ KACPERSKI, ZOFIA

KACPERSKI, ANDREZEJ KAMINSKI, KRZYSZTOF KAPICA, MIKE KAWOCHKA,

JAMES KEELEY, HELEN KERWICK, ANDRZEJ KIELBIOWSKI, ANNA KIELBIOWSKI,

IWONA KIELBIOWSKI, JOSEPH KIELBIOWSKI, KINGSLAND REALTY, KINGSLAND

REALTY LLC, LUCJA KISELOW, BRIAN KLEM, MALGORZATA KLEWINOWSKI,

ZENON KLEWINOWSKI, MARK KLICH, ROZA KLICH, IRENA KLUZ, EDWARD

KNAPIK, KATARZYNA KNAPIK, MONIKA KNAPIK, CHARLES KOEHLER,

CZESKAINA KONONCZYK, PIOTR KONONCZYK, TERESA KOSINSKI, DOROTA

KOST, EWA KOSZOWSKA, ELIZABETH KOVACINY, JERZY KOWALIK, SABINA

KOWALIK, ANTONI KOZIKOWSKA, HALINA KOZIKOWSKA, KREGER TRUCK

RENTING CO. INC., ANDRZEJ KRUKOWSKI, JOANNA KRUKOWSKA, ROBERT

KUCZMARA, JEFF KULIKOWSKI, PATRICIA KULIKOWSKI, JANUSZ KUKULA,

PATRICIA LEWIS, STEPHEN LEWIS, ADAM LOMOTOWSKI, AGNES LOMOTOWSKI,

IRENA LOMOTOWSKI, STANISLAW LOMOTOWSKI, ROBERT MALDONADO,

MIROSLAW MALINOWSKI, MALGORZATA MARCZAK, MATEUSZ MARCZAK, IVAN

MARKOVICH, SMILIA MARKOVITCH, MARY MARSH, JACLYN MARTINEZ, PABLO

MARTINEZ, PAUL MARTINEZ, ROSA MARTINEZ, ROSALIE MARTINEZ, HENRYK

MAYCHRZAK, SUSAN MAYR, JOANN MCERLEAN, ROBERT MCERLEAN,

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ANTOINETTE MCLAUGLIN, EILEEN MCLAUGHLIN, TRACY MERCKLING, ROBERT

MIHALKO, JADWIGA MIHATOV, MARIA MIKOLAJCZYK, JOANN MIKULAK,

WILLIAM MIKULAK, MILL PAPER BOX, CELINA MITCHELL, GIRARD MITCHELL,

LEONARD MLECZKOWSKI, NATALIE MOORE, 540 MORGAN REALTY LLC, EWA

MOSCICKA, PIOTR MOSCICKI, BOGDAN MROCZKOWSKI, JANINA MROCZKOWSKI,

ELIZABETH NEMETH, THOMAS NEMETH, IVANA NIKOLIC, JEANETTE NILSSON,

JEFF NILSSON, MARYELLEN NOROWSKI, RICHARD NOROWSKI, 275 NORTH HENRY

PROPERTIES, INC., ALICJA O’CONNOR, MICHAEL O’CONNOR, CAROL O’NEILL,

DANIEL O’NEILL, PAUL O’NEIL, MARTIN O’REILLY, PATRICIA O’REILLY, ROGER

OWENS, ROBERT PACZKOWSKI, JOE PAGANO, LAURA PAGANO, IAN

PANTELEONE, LINDA PANTELEONE, LINDA G. PANTELEONE, LOUIS PANTELEONE,

LOUIS PANTELEONE – AS ATTORNEY IN FACT FOR SYLVIA PANTELEONE,

JEANNIE PAPAVERA, CYNTHIA PARCIAK, WIESLAW PARCIAK, ROSEMARIE

PAWLIKOWSKI, ADAM PEDOTA, JANE PEDOTA, PEREZ INTERBORO ASPHALT CO.,

INC., ALICIA PEREZ, GEORGE L. PEREZ, LUIS M. PEREZ, NANCY PETRULLO,

ROBERT PETRULLO, CECYLIA PIENEZYKOWSKA, RENATE PIRRO, KATHLEEN

PORUCZNIK, THOMAS PORUCZNIK, ALFRED PROTO, MARIA PROTO, EDWARD

QUACKENBUSH, ERIN QUACKENBUSH, MAUREEN QUACKENBUSH, JOHN RIESS,

KARI RIESS, ANGEL RIOS, CARMEN RIOS, MARIE RIVERS-PELLEGRINO, OLGA

ROACH, ROBERT ROACH, THOMAS ROACH, ANIBAL RODRIQUEZ, DONNA

RODRIGUEZ, BOZENA ROGALSKA, ELWIRA ROGOZIA, JOHN ROGOZIA, ALEX

ROKOWSKY, LEAH ROSS, JANINA ROSZKOWSKA, LAURANN RUFRANO, LEWIS

RUFRANO, ALICJA SADOWSKA, PAULINA SADOWSKI, TOMMASO SANTINO, EDITH

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SCHKRUTZ, CLAUS SCHOENWIESE, SDK REALTY LLC, SARAH SEWARD, BARBARA

SKORNIEWSKA, ELIZABETH SKOWRONSKI, CHRISTINE STEFFEN, DONNA

STEFFEN, ALICE STONE, TOM STAGG, EUGENE STARKY, ZBIGNIEW STASIEWICZ,

ANNA STEFANOWICZ, BOGDAN STEFANSKI, MALGORZATA STEFANSKI, ALICE

STONE, DOREEN SUDANO, WINCENTY SURDYKA, ADAM SUTOWSKI, DOROTHY

SWICK, RAYMOND SWICK, FELICYA SZACKI, MARY SZCZECH, CAROL SZUMSKI,

JAN TABOR, JOZEFA TATARYNOWICZ, WALTER TATARYNOWICZ, JAMES TINISKI,

NAEMI TINISKI, KENNETH TOGLIA, MORGANA TOGLIA, ANNA TOKARSKI, PAUL

TOKARSKI, SUZANNE TOMATORE, DANUTA TOMCZAK, KRZYSZTOF TOMCZAK,

THOMAS TOMCZAK, YVETTE TOMCZAK, ALFREDO TORRES, DOREEN TORRES,

EUGENE TORRES, TINA TORRES, ANDREW TUOMEY, STEPHANIE TUOMEY, BRUCE

VANACOUR, JACQUELINE VARANO, ANTHONY VESPOLE, VINCENT VESPOLE,

DIANE FORMATO-VITOLO, RAYMOND VITOLO, ANDREW J. WASHACK, ROSALIE

WASHACK, ROMUALDA WASILEWSKI, ANDRZEJ WASZAKOWSKI, RUDOLPH

WECHSLER, BARBARA WENZEL, CHRISTINE WENZEL, MICHAEL WENZEL,

BEATRICE WOLERT-WEESE, ERIK WEESE, AMY WIELUNSKI, PAUL WIELUNSKI,

MADELINE WIERZBICKY, BARBARA WIERZEL, MADELINE WIERZL, GREGORY

WOJNO, PHYLLIS WOJNO, BARBARA WOLERT, MARZENA WOLERT, VINCENT

WOLERT, RICK WOODS, YUN WOODS, TADEUSZ ZAGORSKI, MAREK ZARZYCKI,

ANDRZEJ ZDUNCZYC, EWA DOROTA ZDUNCZYC and KATARZYNA ZDUNCZYC, by

and through their attorneys, GIRARDI & KEESE, THE ALPERT FIRM, CAUFIELD AND

JAMES LLP, JUSTIN BLOOM, and PERLMUTTER & GIMPEL PLLC, as and for their

complaint, hereby allege:

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INTRODUCTION

1. Plaintiffs are all individuals who are and/or were residents and/or property owners

of the Greenpoint area of the Borough of Brooklyn, New York City, New York. Plaintiffs, at the

time of sustaining the injuries complained of herein, have been the owners, lessees and/or

occupants of certain real property consisting of various lands and various types of residences

located in Brooklyn, New York that are located near the real property and facilities currently

known and used as the ExxonMobil Brooklyn Terminal and/or ExxonMobil Kingsland Avenue

Yard located on Kingsland Avenue, (hereinafter collectively referred to as the “EXXONMOBIL

TERMINAL”), the BP Brooklyn Terminal (hereinafter referred to as the “BP TERMINAL”)

located at or about 315 Norman Avenue, and the real property formerly owned by the

corporation known currently named the Texaco Inc. (hereinafter referred to as the “TEXACO

PROPERTY”) located at or about 16 Bridgewater Street.

2. Due to the negligent, willful, and/or wanton actions of the various defendants,

millions of gallons of oil and oil products have been released into the ground and Defendants

have continued to this date to fail to remove the contamination which migrated and continues to

migrate onto plaintiffs’ properties causing plaintiffs to suffer ongoing injury and damages to

their persons and properties.

PARTIES

3. Plaintiff PATRICIA BAUMBACH is an owner and/or resident of the property

located at 32 Apollo Street in the Greenpoint area of Brooklyn, New York. Plaintiff PATRICIA

BAUMBACH has suffered foreseeable injury and damage as a proximate result of

DEFENDANTS’ actions and failures to act in that her property has been damaged, trespassed upon,

her property rights have been violated, and the value of her home has been adversely affected and

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she has been exposed to toxic chemicals. Plaintiff PATRICIA BAUMBACH brings suit against

each DEFENDANT named herein for each cause of action listed herein and seeks general damages

directly and foreseeably resulting from DEFENDANTS’ actions, consequential damages, and

exemplary or punitive damages as allowed by law and in an amount to be proved at trial.

4. Plaintiff AB JEWEL ASSOCIATES INC., is an owner and/or resident of the

property located at 59 Jewel Street and 189 Nassau Avenue, in the Greenpoint area of Brooklyn,

New York. Plaintiff AB JEWEL ASSOCIATES INC. has suffered foreseeable injury and damage

as a proximate result of DEFENDANTS’ actions and failures to act in that their property has been

damaged, trespassed upon, their property rights have been violated, and the value of their property

has been adversely affected. Plaintiff AB JEWEL ASSOCIATES INC. brings suit against each

DEFENDANT named herein for each cause of action listed herein and seeks general damages



5. Plaintiff AB NORMAN ASSOCIATES INC. is an owner and/or resident of the

property located at 191 Norman Avenue, 195 Norman Avenue, 197 Norman Avenue and 199

Norman Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff AB NORMAN

ASSOCIATES INC. has suffered foreseeable injury and damage as a proximate result of

DEFENDANTS’ actions and failures to act in that their property has been damaged, trespassed

upon, their property rights have been violated, and the value of their property has been adversely

affected. Plaintiff AB NORMAN ASSOCIATES INC. brings suit against each DEFENDANT

named herein for each cause of action listed herein and seeks general damages directly and

foreseeably resulting from DEFENDANTS’ actions, consequential damages, and exemplary or

punitive damages as allowed by law and in an amount to be proved at trial.

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6. Plaintiff ANOROC REALTY INC. is an owner and/or resident of the property

located at 370 Greenpoint Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff

AROROC REALTY INC. has suffered foreseeable injury and damage as a proximate result of


upon, his property rights have been violated, and the value of their property has been adversely

affected. Plaintiff ANOROC REALTY INC. brings suit against each DEFENDANT named herein

for each cause of action listed herein and seeks general damages directly and foreseeably resulting

from DEFENDANTS’ actions, consequential damages, and exemplary or punitive damages as

allowed by law and in an amount to be proved at trial.

7. Plaintiff GINA ARGENTO is an owner and/or resident of the property located at

243 Calyer Street, in the Greenpoint area of Brooklyn, New York. Plaintiff GINA ARGENTO,

has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’ actions and

failures to act in that her property has been damaged, trespassed upon, her property rights have been

violated, and the value of her home has been adversely affected and she has been exposed to toxic

chemicals. Plaintiff GINA ARGENTO brings suit against each DEFENDANT named herein for

each cause of action listed herein and seeks general damages directly and foreseeably resulting from

DEFENDANTS’ actions, consequential damages, and exemplary or punitive damages as allowed

by law and in an amount to be proved at trial.

8. Plaintiff TERESA BAGINSKI is an owner and/or resident of the property located at

157 Driggs Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff TERESA BAGINSKI




- 13 -

chemicals. Plaintiff TERESA BAGINSKI brings suit against each DEFENDANT named herein for




9. Plaintiff ALICE BAJNO is an owner and/or resident of the property located at 643

Humboldt Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ALICE BAJNO has

suffered foreseeable injury and damage as a proximate result of DEFENDANTS’ actions and



chemicals. Plaintiff ALICE BAJNO brings suit against each DEFENDANT named herein for each

cause of action listed herein and seeks general damages directly and foreseeably resulting from



10. Plaintiff WOJCIECH BAJNO is an owner and/or resident of the property located at

643 Humboldt Street, in the Greenpoint area of Brooklyn, New York. Plaintiff WOJCIECH

BAJNO has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’

actions and failures to act in that his property has been damaged, trespassed upon, his property

rights have been violated, and the value of his home has been adversely affected and he has been

exposed to toxic chemicals. Plaintiff WOJCIECH BAJNO brings suit against each DEFENDANT




- 14 -

11. Plaintiff MARIA BALUKA is an owner and/or resident of the property located at

21 Russell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff MARIA BALUKA




chemicals. Plaintiff MARIA BALUKA brings suit against each DEFENDANT named herein for




12. Plaintiff STANISLAW BALUKA is an owner and/or resident of the property

located at 21 Russell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff STANISLAW

BALUKA has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff STANISLAW BALUKA brings suit against each




13. Plaintiff DAWN BAUER is an owner and/or resident of the property located at

173 Monitor Street in the Greenpoint area of Brooklyn, New York. Plaintiff DAWN BAUER




- 15 -

chemicals. Plaintiff DAWN BAUER brings suit against each DEFENDANT named herein for each




14. Plaintiff PAWEL BEDNAREK is an owner and/or resident of the property located

at 230 N. Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff PAWEL

BEDNAREK has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff PAWEL BEDNAREK brings suit against each




15. Plaintiff VIRGINIA BEDNAREK is an owner and/or resident of the property

located at 230 N. Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

VIRGINIA BEDNAREK has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff VIRGINIA BEDNAREK brings suit against




- 16 -

16. Plaintiff CHARLOTTE BEETZ, is an owner and/or resident of the property located

at 612 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff CHARLOTTE

BEETZ has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’

actions and failures to act in that her property has been damaged, trespassed upon, her property

rights have been violated, and the value of her home has been adversely affected and she has been

exposed to toxic chemicals. Plaintiff CHARLOTTE BEETZ brings suit against each




17. Plaintiff 97 BERGMAN TRUST is an owner and /or resident of the properties

located at 240 Nassau Avenue and 240 A Nassau Avenue, in the Greenpoint area of Brooklyn, New

York. Plaintiff 97 BERGMAN TRUST has suffered foreseeable injury and damage as a proximate

result of DEFENDANTS’ actions and failures to act in that their property has been damaged,

trespassed upon, their property rights have been violated, and the value of their home has been

adversely affected. Plaintiff 97 BERGMAN TRUST brings suit against each DEFENDANT named

herein for each cause of action listed herein and seeks general damages directly and foreseeably

resulting from DEFENDANTS’ actions, consequential damages, and exemplary or punitive

damages as allowed by law and in an amount to be proved at trial.

18. Plaintiff ENEIDA BELLARO is an owner and/or resident of the property located at

287 Kingsland Avenue 3rd Floor, in the Greenpoint area of Brooklyn, New York. Plaintiff

ENEIDA BELLARO has suffered foreseeable injury and damage as a proximate result of



- 17 -

she has been exposed to toxic chemicals. Plaintiff ENEIDA BELLARO brings suit against each




19. Plaintiff STEVEN BELLARO, is an owner and/or resident of the property located at

287 Kingsland Avenue 3rd Floor, in the Greenpoint area of Brooklyn, New York. Plaintiff

STEVEN BELLARO has suffered foreseeable injury and damage as a proximate result of

DEFENDANTS’ actions and failures to act in that his property has been damaged, trespassed upon,

his property rights have been violated, and the value of his home has been adversely affected and he

has been exposed to toxic chemicals. Plaintiff STEVEN BELLARO brings suit against each




20. Plaintiff THOMAS BENNETT is an owner and/or resident of the property located at

473 Vandervoort Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff THOMAS

BENNETT has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff THOMAS BENNETT brings suit against each DEFENDANT




- 18 -

21. Plaintiff VIRGINIA BENNETT is an owner and/or resident of the property located

at 473 Vandervoort Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff VIRGINIA

BENNETT has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff VIRGINIA BENNETT brings suit against each




22. Plaintiff JAWIGA BERTMAN is an owner and/or resident of the property located at

240 Nassau Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff JAWIGA

BERTMAN has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff JAWIGA BERTMAN brings suit against each DEFENDANT




23. Plaintiff ANDRZEJ BIELECKI is an owner and/or resident of the property located

at 106 Diamond Street and 92 Diamond Street, in the Greenpoint area of Brooklyn, New York.

Plaintiff ANDRZEJ BIELECKI has suffered foreseeable injury and damage as a proximate result of



- 19 -

has been exposed to toxic chemicals. Plaintiff ANDRZEJ BIELECKI brings suit against each




24. Plaintiff BRACK BIVINS is an owner and/or resident of the property located at

110 Beadel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff BRACK BIVINS


failures to act in that his property has been damaged, trespassed upon, his property rights have been

violated, and the value of his home has been adversely affected and he has been exposed to toxic

chemicals. Plaintiff BRACK BIVINS brings suit against each DEFENDANT named herein for




25. Plaintiff PAMELA BLAKE is an owner and/or resident of the property located at 98

Diamond Street, in the Greenpoint area of Brooklyn, New York. Plaintiff PAMELA C. BLAKE




chemicals. Plaintiff PAMELA C. BLAKE brings suit against each DEFENDANT named herein for




- 20 -

26. Plaintiff RONALD BLENDERMAN is an owner and/or resident of the property

located at 43 Apollo Street, in the Greenpoint area of Brooklyn, New York. Plaintiff RONALD

BLENDERMAN has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff RONALD BLENDERMAN brings suit against each




27. Plaintiff AURA BOBADILLA is an owner and/or resident of the property located at

219 Kingsland Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff AURA

BOBADILLA, has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff AURA BOBADILLA brings suit against each




28. Plaintiff PATRICIA BOYLE is an owner and/or resident of the property located at

736 Humboldt Street, in the Greenpoint area of Brooklyn, New York. Plaintiff PATRICIA BOYLE




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chemicals. Plaintiff PATRICIA BOYLE brings suit against each DEFENDANT named herein for




29. Plaintiff DEBORAH BRADY is an owner and/or resident of the property located at

33 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff DEBORAH BRADY




chemicals. Plaintiff DEBORAH BRADY brings suit against each DEFENDANT named herein for




30. Plaintiff JAMES BRADY is an owner and/or resident of the property located at 33

Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff JAMES BRADY has




chemicals. Plaintiff JAMES BRADY brings suit against each DEFENDANT named herein for




- 22 -

31. Plaintiff WIESLAW BRASZKA is an owner and/or resident of the property located

at 175 Kingsland Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff WIESLAW

BRASZKA has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff WIESLAW BRASZKA brings suit against each




32. Plaintiff BEBI BRIENZA is an owner and/or resident of the property located at 278

Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff BEBI BRIENZA has




chemicals. Plaintiff BEBI BRIENZA brings suit against each DEFENDANT named herein for




33. Plaintiff MICHAEL BRIENZA is an owner and/or resident of the property located

at 278 Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff MICHAEL

BRIENZA has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



- 23 -

exposed to toxic chemicals. Plaintiff MICHAEL BRIENZA brings suit against each




34. Plaintiff GRACE BRUGALETTA is an owner and/or resident of the property

located at 22 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff GRACE

BRUGALETTA has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff GRACE BRUGALETTA brings suit against




35. Plaintiff KEARA BROWNE is an owner and/or resident of the property located at

588 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff KEARA BROWNE




chemicals. Plaintiff KEARA BROWNE brings suit against each DEFENDANT named herein for




- 24 -

36. Plaintiff PATRICK BROWNE is an owner and/or resident of the property located at

588 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff PATRICK

BROWNE has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff PATRICK BROWNE brings suit against each DEFENDANT




37. Plaintiff CHRISTINE BRZEZINSKI is an owner and/or resident of the property

located at 53 Russell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff CHRISTINE

BRZEZINSKI has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff CHRISTINE BRZEZINSKI brings suit against




38. Plaintiff DONALD BUDDENHAGEN is an owner and/or resident of the property

located at 135 Newell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff DONALD

BUDDENHAGEN has suffered foreseeable injury and damage as a proximate result of



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has been exposed to toxic chemicals. Plaintiff DONALD BUDDENHAGEN brings suit against




39. Plaintiff ELLEN BUDDENHAGEN, is an owner and/or resident of the property

located at 135 Newell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ELLEN

BUDDENHAGEN has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff ELLEN BUDDENHAGEN brings suit against




40. Plaintiff JENNIE BULGER is an owner and/or resident of the property located at

763 Meeker Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff JENNIE BULGER




chemicals. Plaintiff JENNIE BULGER brings suit against each DEFENDANT named herein for




- 26 -

41. Plaintiff JOSEPH BULGER is an owner and/or resident of the properties located at

7 Hausman and 767 Meeker Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff

JOSEPH BULGER has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff JOSEPH BULGER brings suit against each




42. Plaintiff PREMEK BUREK is an owner and/or resident of the property located at

87 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff PREMEK BUREK




chemicals. Plaintiff PREMEK BUREK brings suit against each DEFENDANT named herein for




43. Plaintiff WLADYSLAW BUREK is an owner and/or resident of the property

located at 204 Kingsland Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff

WLADYSLAW BUREK has suffered foreseeable injury and damage as a proximate result of



- 27 -

has been exposed to toxic chemicals. Plaintiff WLADYSLAW BUREK brings suit against each




44. Plaintiff MARIAN BURKE is an owner and/or resident of the property located at

107 Jewel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff MARIAN BURKE




chemicals. Plaintiff MARIAN BURKE brings suit against each DEFENDANT named herein for




45. Plaintiff KEVIN CAHILL is an owner and/or resident of the property located at 87

Diamond Street in the Greenpoint area of Brooklyn, New York. Plaintiff KEVIN CAHILL has




chemicals. Plaintiff KEVIN CAHILL brings suit against each DEFENDANT named herein for




46. Plaintiff MARIA CAHILL is an owner and/or resident of the property located at

- 28 -

87 Diamond Street in the Greenpoint area of Brooklyn, New York. Plaintiff MARIA CAHILL




chemicals. Plaintiff MARIA CAHILL brings suit against each DEFENDANT named herein for




47. Plaintiff KATHERINE WEILUNSKI CAMPBELL is an owner and/or resident of

the property located at 193 North Henry Street, in the Greenpoint area of Brooklyn, New York.

Plaintiff KATHERINE WEILUNSKI CAMPBELL, has suffered foreseeable injury and damage as

a proximate result of DEFENDANTS’ actions and failures to act in that her property has been

damaged, trespassed upon, her property rights have been violated, and the value of her home has

been adversely affected and she has been exposed to toxic chemicals. Plaintiff KATHERIE

WEILUNSKI CAMPBELL, brings suit against each DEFENDANT named herein for each cause of

action listed herein and seeks general damages directly and foreseeably resulting from



48. Plaintiff CARMEN CARDEN is an owner and /or resident of the properties located

at 129 Jewel Street and 166 Diamond Street, in the Greenpoint area of Brooklyn, New York.

Plaintiff CARMEN CARDEN has suffered foreseeable injury and damage as a proximate result of



- 29 -

she has been exposed to toxic chemicals. Plaintiff CARMEN CARDEN brings suit against each




49. Plaintiff JOHN M. CARDEN is an owner and/or resident of the properties located at

129 Jewel Street and 166 Diamond Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

JOHN M. CARDEN has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff JOHN M. CARDEN brings suit against each




50. Plaintiff CHRISTOPHER CARDILLO is an owner and/or resident of the property

located at 24 Apollo Street in the Greenpoint area of Brooklyn, New York. Plaintiff

CHRISTOPHER CARDILLO has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff CHRISTOPHER CARDILLO brings suit against




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51. Plaintiff JONAH CARDILLO is an owner and/or resident of the property located at

24 Apollo Street in the Greenpoint area of Brooklyn, New York. Plaintiff JONAH CARDILLO has




chemicals. Plaintiff JONAH CARDILLO brings suit against each DEFENDANT named herein for




52. Plaintiff CAROL CARRION is an owner and/or resident of the property located at

287-A Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff CAROL

CARRION has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff CAROL CARRION brings suit against each DEFENDANT




53. Plaintiff JOHN CARRION is an owner and/or resident of the property located at

287-A Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff JOHN

CARRION has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



- 31 -

exposed to toxic chemicals. Plaintiff JOHN CARRION brings suit against each DEFENDANT




54. Plaintiff KENNETH CHARLES is an owner and/or resident of the property located

at 18 Apollo Street, in the Greenpoint area of Brooklyn, New York. Plaintiff KENETH CHARLES




chemicals. Plaintiff KENNETH CHARLES brings suit against each DEFENDANT named herein




55. Plaintiff VIRGINIA CHARLES is an owner and/or resident of the property located

at 18 Apollo Street, in the Greenpoint area of Brooklyn, New York. Plaintiff VIRGINIA

CHARLES has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff VIRGNIA CHARLES brings suit against each DEFENDANT




- 32 -

56. Plaintiff MICHELE CHESNICKA is an owner and/or resident of the property

located at 22 Apollo Street, in the Greenpoint area of Brooklyn, New York. Plaintiff MICHELE

CHESNICKA has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff MICHELE CHESNICKA brings suit against each




57. Plaintiff DOROTHY CHIAINO is an owner and/or resident of the property located

at 127 McGuinness Boulevard in the Greenpoint area of Brooklyn, New York. Plaintiff

DOROTHY CHIAINO has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff DOROTHY CHIAINO brings suit against each




58. Plaintiff MARCO CHIERICHELLA, is an owner and/or resident of the property

located at 39 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff MARCO

CHIERICHELLA has suffered foreseeable injury and damage as a proximate result of



- 33 -

has been exposed to toxic chemicals. Plaintiff MARCO CHIERICHELLA brings suit against each




59. Plaintiff MICHELLE CHIERICHELLA is an owner and/or resident of the property

located at 39 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

MICHELLE CHIERICHELLA has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff MICHELLE CHIERICHELLA brings suit

against each DEFENDANT named herein for each cause of action listed herein and seeks general

damages directly and foreseeably resulting from DEFENDANTS’ actions, consequential damages,

and exemplary or punitive damages as allowed by law and in an amount to be proved at trial.

60. Plaintiff ROCCO CHIERICHELLA is an owner and/or resident of the property

located at 39 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ROCCO

CHIERICHELLA has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ROCCO CHIERICHELLA brings suit against each




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61. Plaintiff ROCCO M. CHIERICHELLA is an owner and/or resident of the property

located at 39 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ROCCO

M. CHIERICHELLA has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ROCCO M. CHIERICHELLA brings suit against




62. Plaintiff CHRISTOPHER CHMARZEWSKI, is an owner and/or resident of the

property located at 46 Russell Street, #2, in the Greenpoint area of Brooklyn, New York. Plaintiff

CHRISTOPHER CHMARZEWSKI has suffered foreseeable injury and damage as a proximate

result of DEFENDANTS’ actions and failures to act in that his property has been damaged,

trespassed upon, his property rights have been violated, and the value of his home has been

adversely affected and he has been exposed to toxic chemicals. Plaintiff CHRISTOPHER

CHMARZEWSKI brings suit against each DEFENDANT named herein for each cause of action

listed herein and seeks general damages directly and foreseeably resulting from DEFENDANTS’

actions, consequential damages, and exemplary or punitive damages as allowed by law and in an

amount to be proved at trial.

63. Plaintiff JANINA CHMARZEWSKI, is an owner and/or resident of the property

located at 36 Russell Street #2, in the Greenpoint area of Brooklyn, New York. Plaintiff JANINA

CHMARZEWSKI has suffered foreseeable injury and damage as a proximate result of


- 35 -


she has been exposed to toxic chemicals. Plaintiff JANINA CHMARZEWSKI brings suit against




64. Plaintiff DANIEL CHMIELEWSKI is an owner and/or resident of the property


DANIEL CHMIELEWSKI has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff DANIEL CHMIELEWSKI brings suit against each




65. Plaintiff JAN CHMIEWLEWSKI is an owner and/or resident of the property located

at 263 Kingsland Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff JAN

CHMIEWLEWSKI has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff JAN CHMIEWLEWSKI brings suit against each




- 36 -

66. Plaintiff REGINA CHMIEWLEWSKI is an owner and/or resident of the property


REGINA CHMIEWLEWSKI has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff REGINA CHMIEWLEWSKI brings suit against




67. Plaintiff REGINA CHOINSKI is an owner and/or resident of the property located at

66 Newel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff REGINA CHOINSKI




chemicals. Plaintiff REGINA CHOINSKI brings suit against each DEFENDANT named herein for




68. Plaintiff STANISLAW CHOINSKI is an owner and/or resident of the property

located at 66 Newel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff STANISLAW

CHOINSKI has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



- 37 -

exposed to toxic chemicals. Plaintiff STANISLAW CHOINSKI brings suit against each




69. Plaintiff MIECZYSLAW CIELEPAK is an owner and/or resident of the property

located at 17 Russell Street, 52 Monitor Street, 53 Diamond street, 96 Diamond Street and 240

North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff MIECZYSLAW

CIELEPAK has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff MIECZYSLAW CIELEPAK brings suit against each




70. Plaintiff ALLISON CONLON is an owner and/or resident of the property located at

207 N. Henry Street in the Greenpoint area of Brooklyn, New York. Plaintiff ALLISON CONLON




chemicals. Plaintiff ALLISON CONLON brings suit against each DEFENDANT named herein for




- 38 -

71. Plaintiff MAUREEN CONLON is an owner and/or resident of the property located

at 207 N. Henry Street in the Greenpoint area of Brooklyn, New York. Plaintiff MAUREEN

CONLON has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff MAUREEN CONLON brings suit against each




72. Plaintiff MICHAEL CONLON is an owner and/or resident of the property located at

207 N. Henry Street in the Greenpoint area of Brooklyn, New York. Plaintiff MICHAEL

CONLON has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff MICHAEL CONLON brings suit against each DEFENDANT




73. Plaintiff ROBERT CONLON is an owner and/or resident of the property located at

207 N. Henry Street in the Greenpoint area of Brooklyn, New York. Plaintiff ROBERT CONLON




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chemicals. Plaintiff ROBERT CONLON brings suit against each DEFENDANT named herein for




74. Plaintiff ANNA CONNELLY is an owner and/or resident of the property located at

179 Monitor Street in the Greenpoint area of Brooklyn, New York. Plaintiff ANNA CONNELLY




chemicals. Plaintiff ANNA CONNELLY brings suit against each DEFENDANT named herein for




75. Plaintiff JOHN CONNELLY is an owner and/or resident of the property located at

179 Monitor Street in the Greenpoint area of Brooklyn, New York. Plaintiff JOHN CONNELLY




chemicals. Plaintiff JOHN CONNELLY brings suit against each DEFENDANT named herein for




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76. Plaintiff ROBERT CUMBERLAND is an owner and/or resident of the property

located at 729 Meeker Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff ROBERT

CUMBERLAND has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ROBERT CUMBERLAND brings suit against each




77. Plaintiff GERALDINE A. CURTIN is an owner and/or resident of the property

located at 203 Monitor Street and 206 Nassau Avenue, in the Greenpoint area of Brooklyn, New

York. Plaintiff GERALDINE A. CURTIN has suffered foreseeable injury and damage as a

proximate result of DEFENDANTS’ actions and failures to act in that her property has been


been adversely affected and she has been exposed to toxic chemicals. Plaintiff GERALDINE A.

CURTIN brings suit against each DEFENDANT named herein for each cause of action listed herein

and seeks general damages directly and foreseeably resulting from DEFENDANTS’ actions,

consequential damages, and exemplary or punitive damages as allowed by law and in an amount to

be proved at trial.

78. Plaintiff WILLIAM J. CURTIN is an owner and/or resident of the property located

at 203 Monitor Street and 206 Nassau Avenue, in the Greenpoint area of Brooklyn, New York.

Plaintiff WILLIAM J. CURTIN has suffered foreseeable injury and damage as a proximate result of


- 41 -


has been exposed to toxic chemicals. Plaintiff WILLIAM J. CURTIN brings suit against each




79. Plaintiff EDWARD DABROWSKI is an owner and/or resident of the property

located at 73 Driggs Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff EDWARD

DABROWSKI has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff EDWARD DABROWSKI brings suit against each




80. Plaintiff JOLANTA DABROWSKI is an owner and/or resident of the property

located at 73 Driggs Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff JOLANTA

DABROWSKI has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff JOLANTA DABROWSKI brings suit against




- 42 -

81. Plaintiff GARRY DAVENPORT is an owner and/or resident of the property located

at 142 Diamond Street #2, in the Greenpoint area of Brooklyn, New York. Plaintiff GARRY

DAVENPORT has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff GARRY DAVENPORT brings suit against each




82. Plaintiff MARION DAVERIN is an owner and/or resident of the property located at

60 Diamond Street, in the Greenpoint area of Brooklyn, New York. Plaintiff MARION DAVERIN




chemicals. Plaintiff MARION DAVERIN brings suit against each DEFENDANT named herein for




83. Plaintiff ALICE DEDONA is an owner and/or resident of the property located at

70A Jewel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ALICE DEDONA




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chemicals. Plaintiff ALICE DEDONA brings suit against each DEFENDANT named herein for




84. Plaintiff ANTHONY DEDONA is an owner and/or resident of the property located

at 174 Newel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ANTHONY

DEDONA, has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff ANTHONY DEDONA brings suit against each




85. Plaintiff ANTHONY DEDONA, JR. is an owner and/or resident of the property

located at174 Newel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ANTHONY

DEDONA, JR., has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ANTHONY DEDONA, JR., brings suit against each




86. Plaintiff COURTNEY DEDONA is an owner and/or resident of the property

- 44 -

located at 174 Newel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff COURTNRY

DEDONA has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff COURTNEY DEDONA brings suit against each




87. Plaintiff JILLIAN DEDONA, is an owner and/or resident of the property located at

174 Newel Street in the Greenpoint area of Brooklyn, New York. Plaintiff JILLIAN DEDONA




chemicals. Plaintiff JILLIAN DEDONA brings suit against each DEFENDANT named herein for




88. Plaintiff ANTHONY DEDONA, is an owner and/or resident of the properties

located at 70A Jewel Street and 107 Jewel Street, in the Greenpoint area of Brooklyn, New York.

Plaintiff ANTHONY DEDONA has suffered foreseeable injury and damage as a proximate result

of DEFENDANTS’ actions and failures to act in that his property has been damaged, trespassed

upon, his property rights have been violated, and the value of his home has been adversely affected

and he has been exposed to toxic chemicals. Plaintiff ANTHONY DEDONA brings suit against

- 45 -




89. Plaintiff JACQUELINE DEDONA is an owner and /or resident of the properties

located at 70A Jewel Street and 107 Jewel Street, in the Greenpoint area of Brooklyn, New York.

Plaintiff JACQUELINE DEDONA has suffered foreseeable injury and damage as a proximate

result of DEFENDANTS’ actions and failures to act in that her property has been damaged,

trespassed upon, her property rights have been violated, and the value of her home has been

adversely affected and she has been exposed to toxic chemicals. Plaintiff JACQUELINE

DEDONA brings suit against each DEFENDANT named herein for each cause of action listed

herein and seeks general damages directly and foreseeably resulting from DEFENDANTS’ actions,


be proved at trial.

90. Plaintiff MIKE DEIGNAN is an owner and/or resident of the property located at

227 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff MIKE DEIGNAN




chemicals. Plaintiff MIKE DEIGNAN brings suit against each DEFENDANT named herein for




91. Plaintiff VERONICA DEIGNAN is an owner and/or resident of the property

- 46 -

located at 227 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

VERONICA DEIGNAN has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff VERONICA DEIGNAN brings suit against each




92. Plaintiff CATHERINE DEMPSEY-BROWNE is an owner and/or resident of the

property located at 588 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff

CATHERINE DEMPSEY-BROWNE has suffered foreseeable injury and damage as a proximate



adversely affected and she has been exposed to toxic chemicals. Plaintiff CATHERINE

DEMPSEY-BROWNE brings suit against each DEFENDANT named herein for each cause of




93. Plaintiff GEORGE DIACUMAKOS is an owner and/or resident of the property

located at 255 and 257 Nassau Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff

GEORGE DIACUMAKOS has suffered foreseeable injury and damage as a proximate result of



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has been exposed to toxic chemicals. Plaintiff GEORGE DIACUMAKOS brings suit against each




94. Plaintiff DIAMOND STREET PROPERTIES, INC., is an owner and/or resident of

the property located at 196 Diamond Street, 182 Diamond Street, 195 Meserole Avenue, 203

Meserole Avenue, 145 Jewel Street, 151 Jewel Street, 280 Calyer Street, 264 Calyer Street and 195

Diamond Street, in the Greenpoint area of Brooklyn, New York. Plaintiff DIAMOND STREET

PROPERTIES, INC. has suffered foreseeable injury and damage as a proximate result of


upon, their property rights have been violated, and the value of their home has been adversely

affected and they have been exposed to toxic chemicals. Plaintiff DIAMOND STREET

PROPERTIES, INC. brings suit against each DEFENDANT named herein for each cause of action




95. Plaintiff WILLIAM DIFAZIO is an owner and/or resident of the property located at

233 N. Henry Street in the Greenpoint area of Brooklyn, New York. Plaintiff WILLIAM

DIFAZIO has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff WILLIAM DIFAZIO brings suit against each DEFENDANT


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96. Plaintiff CHRIS DILLON is an owner and/or resident of the property located at 163

Russell Street in the Greenpoint area of Brooklyn, New York. Plaintiff CHRIS DILLON has




chemicals. Plaintiff CHRIS DILLON brings suit against each DEFENDANT named herein for




97. Plaintiff ROBIN DILLON is an owner and/or resident of the property located at 163

Russell Street in the Greenpoint area of Brooklyn, New York. Plaintiff ROBIN DILLON has




chemicals. Plaintiff ROBIN DILLON brings suit against each DEFENDANT named herein for




98. Plaintiff JUDITH DOHRMAN is an owner and/or resident of the property located at

29 Hausman Street, in the Greenpoint area of Brooklyn, New York. Plaintiff JUDITH DOHRMAN


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chemicals. Plaintiff JUDITH DOHRMAN brings suit against each DEFENDANT named herein




99. Plaintiff OLGA DONADIO is an owner and/or resident of the property located at

137 Engert Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff OLGA DONADIO




chemicals. Plaintiff OLGA DONADIO brings suit against each DEFENDANT named herein for




100. Plaintiff ROMUALD DYMKOWSKI is an owner and/or resident of the property

located at 214 Kingsland Avenue, Apt. 1R, in the Greenpoint area of Brooklyn, New York.

Plaintiff ROMUALD DYMKOWSKI has suffered foreseeable injury and damage as a proximate

result of DEFENDANTS’ actions and failures to act in that his property has been damaged,

trespassed upon, his property rights have been violated, and the value of his home has been

adversely affected and he has been exposed to toxic chemicals. Plaintiff ROMUALD

DYMKOWSKI brings suit against each DEFENDANT named herein for each cause of action listed


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be proved at trial.

101. Plaintiff ANNA FAGAN is an owner and/or resident of the property located at 13

Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff ANNA FAGAN has




chemicals. Plaintiff ANNA FAGAN brings suit against each DEFENDANT named herein for each




102. Plaintiff CHRISTOPHER FAGAN is an owner and/or resident of the property

located at 13 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff

CHRISTOPHER FAGAN has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff CHRISTOPHER FAGAN brings suit against each




103. Plaintiff KATHLEEN FERGUSON is an owner and/or resident of the property

located at 48 Hausman Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

KATHLEEN FERGUSON has suffered foreseeable injury and damage as a proximate result of

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she has been exposed to toxic chemicals. Plaintiff KATHLEEN FERGUSON brings suit against




104. Plaintiff MICHAEL FERGUSON is an owner and/or resident of the property

located at 48 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff MICHAEL

FERGUSON has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff MICHAEL FERGUSON brings suit against each




105. Plaintiff PATRICIA FERGUSON is an owner and/or resident of the property

located at 48 Hausman Street, in the Greenpoint area of Brooklyn, New York. Plaintiff PATRICIA

FERGUSON has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff PATRICIA FERGUSON brings suit against each


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106. Plaintiff EUGENE FERRIS is an owner and/or resident of the property located at 68

Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff EUGENE FERRIS has




chemicals. Plaintiff EUGENE FERRIS brings suit against each DEFENDANT named herein for




107. Plaintiff CHRISTINE FICO is an owner and/or resident of the property located at

607 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff CHRISTINE FICO




chemicals. Plaintiff CHRISTINE FICO brings suit against each DEFENDANT named herein for




108. Plaintiff WACLAW FILIPKOWSKI is an owner and/or resident of the property

located at 101 Jewel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff WACLAW

FILIPKOWSKI has suffered foreseeable injury and damage as a proximate result of

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has been exposed to toxic chemicals. Plaintiff WACLAW FILIPKOWSKI brings suit against each




109. Plaintiff ZOFIA FILIPOWICZ is an owner and/or resident of the property located at

78 Sutton Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ZOFIA FILIPOWICZ




chemicals. Plaintiff ZOFIA FILIPOWICZ brings suit against each DEFENDANT named herein for




110. Plaintiff CATHERINE FINNEY is an owner and/or resident of the property located

at 259 Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff CATHERINE

FINNEY has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff CATHERINE FINNEY brings suit against each


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111. Plaintiff TOM FINNEY is an owner and/or resident of the property located at 259

Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff TOM FINNEY has




chemicals. Plaintiff TOM FINNEY brings suit against each DEFENDANT named herein for each




112. Plaintiff DIANE FORMATO-VITOLO is an owner and/or resident of the property

located at 9 Russell Street in the Greenpoint area of Brooklyn, New York. Plaintiff DIANE

FORMATO-VITOLO has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff DIANE FORMATO-VITIOLO brings suit




113. Plaintiff DANIELLE FOSTER is an owner and/or resident of the property located

at 158 Monitor Street in the Greenpoint area of Brooklyn, New York. Plaintiff DANIELLE M.

FOSTER has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’

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exposed to toxic chemicals. Plaintiff DANIELLE M. FOSTER brings suit against each




114. Plaintiff DIANE FOSTER is an owner and/or resident of the property located at 158

Monitor Street in the Greenpoint area of Brooklyn, New York. Plaintiff DIANE FOSTER has




chemicals. Plaintiff DIANE FOSTER brings suit against each DEFENDANT named herein for




115. Plaintiff EARL FOSTER is an owner and/or resident of the property located at 158

Monitor Street in the Greenpoint area of Brooklyn, New York. Plaintiff EARL FOSTER has




chemicals. Plaintiff EARL FOSTER brings suit against each DEFENDANT named herein for each


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116. Plaintiff EDWARD FOX is an owner and/or resident of the property located at 51

Apollo Street in the Greenpoint area of Brooklyn, New York. Plaintiff EDWARD FOX has




chemicals. Plaintiff EDWARD FOX brings suit against each DEFENDANT named herein for each




117. Plaintiff DANNY FUDJINSKI is an owner and/or resident of the property located at

235 Monitor Street in the Greenpoint area of Brooklyn, New York. Plaintiff DANNY FUDJINSKI




chemicals. Plaintiff DANNY FUDJINSKI brings suit against each DEFENDANT named herein




118. Plaintiff LAURA FUDJINKSI is an owner and/or resident of the property located at

235 Monitor Street in the Greenpoint area of Brooklyn, New York. Plaintiff LAURA FUDJINKSI


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chemicals. Plaintiff LAURA FUDJINKSI brings suit against each DEFENDANT named herein for




119. Plaintiff ELENORE FOX is an owner and/or resident of the property located at 51

Apollo Street in the Greenpoint area of Brooklyn, New York. Plaintiff ELENORE FOX has




chemicals. Plaintiff ELENORE FOX brings suit against each DEFENDANT named herein for each




120. Plaintiff CHARLES FRIEDMAN is an owner and/or resident of the property located

at 71 Sutton Street #3, in the Greenpoint area of Brooklyn, New York. Plaintiff CHARLES

FRIEDMAN has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff CHARLES FRIEDMAN brings suit against each


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121. Plaintiff NANCY FRIEDEMANN is an owner and/or resident of the property

located at 71 Sutton Street #3, in the Greenpoint area of Brooklyn, New York. Plaintiff NANCY

FRIEDEMANN has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff NANCY FRIEDEMANN brings suit against




122. Plaintiff CELINA GARBOWSKI is an owner and/or resident of the property located

at 279 Nassau Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff CELINA

GARBOWSKI has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff CELINA GARBOWSKI brings suit against each




123. Plaintiff KAZIMIERZ GARDOWSKI is an owner and/or resident of the property

located at 279 Nassau Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff

KAZIMIERZ GARDOWSKI has suffered foreseeable injury and damage as a proximate result of

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has been exposed to toxic chemicals. Plaintiff KAZIMIERZ GARDOWSKI brings suit against




124. Plaintiff IRENA GEIRALTOWSKA is an owner and/or resident of the property

located at 221 Nassau Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff IRENA

GEIRALTOWSKA has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff IRENA GEIRALTOWSKA brings suit against




125. Plaintiff GEORGE GEIST is an owner and/or resident of the property located at 32

and 34 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff GEORGE GEIST




chemicals. Plaintiff GEORGE GEIST brings suit against each DEFENDANT named herein for


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126. Plaintiff JOHN GEIST is an owner and/or resident of the property located at 32 and

34 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff JOHN GEIST has




chemicals. Plaintiff JOHN GEIST brings suit against each DEFENDANT named herein for each




127. Plaintiff ROBERT GERMINO is an owner and/or resident of the property located at

87 N. Henry Street in the Greenpoint area of Brooklyn, New York. Plaintiff ROBERT GERMINO




chemicals. Plaintiff ROBERT GERMINO brings suit against each DEFENDANT named herein for




128. Plaintiff MILDRED GESUALDI is an owner and/or resident of the property located

at 48 Russell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff MILDRED

GESUALDI has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’

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exposed to toxic chemicals. Plaintiff MILDRED GESUALDI brings suit against each




129. Plaintiff JOHN GESUALDI is an owner and/or resident of the property located at 48

Russell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff JOHN GESUALDI has




chemicals. Plaintiff JOHN GESUALDI brings suit against each DEFENDANT named herein for




130. Plaintiff EWA GIERNICKI is an owner and/or resident of the property located at

265 Kingsland Avenue, 155 Monitor Street, 220 Kingsland Avenue, and 39 Sutton Street, in the

Greenpoint area of Brooklyn, New York. Plaintiff EWA GIERNICKI has suffered foreseeable

injury and damage as a proximate result of DEFENDANTS’ actions and failures to act in that her

property has been damaged, trespassed upon, her property rights have been violated, and the value

of her home has been adversely affected and she has been exposed to toxic chemicals. Plaintiff

EWA GIERNICKI brings suit against each DEFENDANT named herein for each cause of action


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131. Plaintiff MAREK GIERNICKI is an owner and/or resident of the property located at

265 Kingsland Avenue, 155 Monitor Street, 220 Kingsland Avenue, and 39 Sutton Street, in the

Greenpoint area of Brooklyn, New York. Plaintiff MAREK GIERNICKI has suffered foreseeable

injury and damage as a proximate result of DEFENDANTS’ actions and failures to act in that his

property has been damaged, trespassed upon, his property rights have been violated, and the value

of his home has been adversely affected and he has been exposed to toxic chemicals. Plaintiff

MAREK GIERNICKI brings suit against each DEFENDANT named herein for each cause of




132. Plaintiff ELIZABETH GIFFORD is an owner and/or resident of the property located

at 226 North Henry Street in the Greenpoint area of Brooklyn, New York. Plaintiff ELIZABETH

GIFFORD has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff ELIZABETH GIFFORD brings suit against each




133. Plaintiff FRANCO GIGANTE is an owner and/or resident of the property located at

219 Kingsland Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff FRANCO

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GIGANTE has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff FRANCO GIGANTE brings suit against each DEFENDANT




134. Plaintiff LESLIE RAGO GIGANTE is an owner and/or resident of the property

located at 133 Nassau Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff LESLIE

RAGO GIGANTE has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff LESLIE RAGO GIGANTE brings suit against



135. Plaintiff SERAFINA GIGANTE is an owner and/or resident of the property located

at 219 Kingsland Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff SERAFINA

GIGANTE has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff SERAFINA GIGANTE brings suit against each


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136. Plaintiff KADAR GOBIN is an owner and/or resident of the property located at

94 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff KADAR GOBIN




chemicals. Plaintiff KADAR GOBIN brings suit against each DEFENDANT named herein for




137. Plaintiff JADWIGA GOLASZEWSKI is an owner and/or resident of the property

located at 598 Humboldt Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

JADWIGA GOLASZEWSKI has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff JADWIGA GOLASZEWSKI brings suit against




138. Plaintiff JERZY GOLASZEWKI is an owner and/or resident of the property located

at 598 Humboldt Street, in the Greenpoint area of Brooklyn, New York. Plaintiff JERZY

GOLASZEWKI has suffered foreseeable injury and damage as a proximate result of

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has been exposed to toxic chemicals. Plaintiff JERZY GOLASZEWKI brings suit against each




139. Plaintiff NATALIA GORSKA is an owner and/or resident of the property located at

77 Newel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff NATALIA GORSKA




chemicals. Plaintiff NATALIA GORSKA brings suit against each DEFENDANT named herein for




140. Plaintiff MARCIN WOJCIECH GORSKI is an owner and/or resident of the

property located at 77 Newel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

MARCIN WOJCIECH GORSKI has suffered foreseeable injury and damage as a proximate result

of DEFENDANTS’ actions and failures to act in that her property has been damaged, trespassed

upon, her property rights have been violated, and the value of her home has been adversely affected

and she has been exposed to toxic chemicals. Plaintiff MARCIN WOJCIECH GORSKI brings suit


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141. Plaintiff REGINA GORSKA is an owner and/or resident of the property located at

77 Newel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff REGINA GORSKA has




chemicals. Plaintiff REGINA GORSKA brings suit against each DEFENDANT named herein for




142. Plaintiff BLANCA GRANADOS is an owner and/or resident of the property located

at 42 Hausman Street, in the Greenpoint area of Brooklyn, New York. Plaintiff BLANCA

GRANADOS has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff BLANCA GRANADOS brings suit against each




143. Plaintiff ADAM GRODZKI is an owner and/or resident of the property located at

109 Diamond Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ADAM GRODZKI


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chemicals. Plaintiff ADAM GRODZKI brings suit against each DEFENDANT named herein for




144. Plaintiff ANNA GRODZKI is an owner and/or resident of the property located at

109 Diamond Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ANNA GRODZKI




chemicals. Plaintiff ANNA GRODZKI brings suit against each DEFENDANT named herein for




145. Plaintiff DANIEL GRODZKI is an owner and/or resident of the property located at

109 Diamond Street, in the Greenpoint area of Brooklyn, New York. Plaintiff DANIEL GRODZKI




chemicals. Plaintiff DANIEL GRODZKI brings suit against each DEFENDANT named herein for


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146. Plaintiff MIROSLAW GRODZKI is an owner and/or resident of the property

located at 109 Diamond Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

MIROSLAW GRODZKI has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff MIROWSLAW GRODZKI brings suit against each




147. Plaintiff KRYSTYNA GROMEK is an owner and/or resident of the property

located at 203 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

KRYSTYNA GROMEK has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff KRYSTYNA GROMEK brings suit against each




148. Plaintiff MICHAEL GUIDO is an owner and/or resident of the property located at

158 Newel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff MICHAEL GUIDO

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chemicals. Plaintiff MICHAEL GUIDO brings suit against each DEFENDANT named herein for




149. Plaintiff VITO GUIDO is an owner and/or resident of the property located at 158

Newel Street in the Greenpoint area of Brooklyn, New York. Plaintiff VITO GUIDO has suffered

foreseeable injury and damage as a proximate result of DEFENDANTS’ actions and failures to act

in that his property has been damaged, trespassed upon, his property rights have been violated, and

the value of his home has been adversely affected and he has been exposed to toxic chemicals.

Plaintiff VITO GUIDO brings suit against each DEFENDANT named herein for each cause of




150. Plaintiff EVELYN HAN is an owner and/or resident of the property located at 261

Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff EVELYN HAN has




chemicals. Plaintiff EVELYN HAN brings suit against each DEFENDANT named herein for each


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151. Plaintiff FRANK HAN is an owner and/or resident of the property located at 261

Kingsland Avenue and 640 Humboldt Avenue in the Greenpoint area of Brooklyn, New York.

Plaintiff FRANK HAN has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff FRANK HAN brings suit against each




152. Plaintiff F. JONATHAN HAN is an owner and/or resident of the property located at

261 Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff F. JONATHAN

HAN has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’ actions

and failures to act in that his property has been damaged, trespassed upon, his property rights have

been violated, and the value of his home has been adversely affected and he has been exposed to

toxic chemicals. Plaintiff F. JONATHAN HAN brings suit against each DEFENDANT named




153. Plaintiff JACKIE HAN is an owner and/or resident of the property located at 261

Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff JACKIE HAN has


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chemicals. Plaintiff JACKIE HAN brings suit against each DEFENDANT named herein for each




154. Plaintiff JENNIFER HAN is an owner and/or resident of the property located at 261

Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff JENNIFER HAN has




chemicals. Plaintiff JENNIFER HAN brings suit against each DEFENDANT named herein for




155. Plaintiff MICHELLE HAN is an owner and/or resident of the property located at

261 Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff MICHELLE HAN




chemicals. Plaintiff MICHELLE HAN brings suit against each DEFENDANT named herein for


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156. Plaintiff ERIC HARTLEY is an owner and/or resident of the property located at 63

Sutton Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ERIC HARTLEY has




chemicals. Plaintiff ERIC HARTLEY brings suit against each DEFENDANT named herein for




157. Plaintiff IWONA HARTLEY is an owner and/or resident of the property located at

63 Sutton Street, in the Greenpoint area of Brooklyn, New York. Plaintiff IWONA HARTLEY has




chemicals. Plaintiff IWONA HARTLEY brings suit against each DEFENDANT named herein for




158. Plaintiff EVAN HAUSE is an owner and/or resident of the property located at 219

Monitor Street #2, in the Greenpoint area of Brooklyn, New York. Plaintiff EVAN HAUSE has


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chemicals. Plaintiff EVAN HAUSE brings suit against each DEFENDANT named herein for each




159. Plaintiff MAUREEN HAUSE is an owner and/or resident of the property located at

219 Monitor Street #2, in the Greenpoint area of Brooklyn, New York. Plaintiff MAUREEN

HAUSE has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff MAUREEN HAUSE brings suit against each DEFENDANT




160. Plaintiff SUSANNA HELLER is an owner and/or resident of the property located at

233 N. Henry Street in the Greenpoint area of Brooklyn, New York. Plaintiff SUSANNA

HELLER has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff SUSANNA HELLER brings suit against each DEFENDANT


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161. Plaintiff MARY HERLING-NILSSON is an owner and/or resident of the property

located at 625 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff MARY

HERLING-NILSSON has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff MARY HERLING-NILSSON brings suit against




162. Plaintiff TRACY HENEBERGER is an owner and/or resident of the property

located at 723 Humboldt Street, #3, in the Greenpoint area of Brooklyn, New York. Plaintiff

TRACY HENEBERGER has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff TRACY HENEBERGER brings suit against




163. Plaintiff MARY HERBAN is an owner and/or resident of the property located at

162 Newton Street, in the Greenpoint area of Brooklyn, New York. Plaintiff MARY HERBAN

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chemicals. Plaintiff MARY HERBAN brings suit against each DEFENDANT named herein for




164. Plaintiff ANDREW J. HOLOWACZ is an owner and/or resident of the property

located at 171 Meserole Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff

ANDREW J. HOLOWACZ has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ANDREW J. HOLOWACZ brings suit against each




165. Plaintiff CHRISTINE HOLOWACZ is an owner and/or resident of the property

located at 171 Meserole Avenue and 173 Meserole Avenue, in the Greenpoint area of Brooklyn,

New York. Plaintiff CHRISTINE HOLOWACZ has suffered foreseeable injury and damage as a



been adversely affected and she has been exposed to toxic chemicals. Plaintiff CHRISTINE

HOLOWACZ brings suit against each DEFENDANT named herein for each cause of action listed

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be proved at trial.

166. Plaintiff HUMBOLDT ENTERPRISES, LLC is an owner and/or resident of the

property located at 755 Humboldt Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

HUMBOLDT ENTERPRISES, LLC has suffered foreseeable injury and damage as a proximate

result of DEFENDANTS’ actions and failures to act in that their property has been damaged,

trespassed upon, their property rights have been violated, and the value of their property has been

adversely affected. Plaintiff HUMBOLDT ENTERPRISES, LLC brings suit against each




167. Plaintiff JOHN INNAMORATO is an owner and/or resident of the property located

at 185-A Russell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff JOHN

INNAMORATO has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff JOHN INNAMORATO brings suit against each




168. Plaintiff VICTORIA INNAMORATO is an owner and/or resident of the property

located at 185-A Russell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

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VICTORIA INNAMORATO has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff VICTORIA INNAMORATO brings suit against




169. Plaintiff GIUSEPPE IULIANO is an owner and/or resident of the property located

at 219 Kingsland Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff GIUSEPPE

IULIANO has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff GIUSEPPE IULIANO brings suit against each




170. Plaintiff HENRYK JABLONOWSKI is an owner and/or resident of the property

located at 159 Engert Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff HENRYK

JABLONOWSKI has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff HENRYK JABLONOWSKI brings suit against each


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171. Plaintiff MALGORZATA JABLONOWSKI is an owner and/or resident of the

property located at 41 Broome Street and 159 Engert Avenue, in the Greenpoint area of Brooklyn,

New York. Plaintiff MALGORZATA JABLONOWSKI has suffered foreseeable injury and

damage as a proximate result of DEFENDANTS’ actions and failures to act in that her property has

been damaged, trespassed upon, her property rights have been violated, and the value of her home

has been adversely affected and she has been exposed to toxic chemicals. Plaintiff

MALGORZATA JABLONOWSKI brings suit against each DEFENDANT named herein for each




172. Plaintiff WALTER JAMES is an owner and/or resident of the property located at 17

Hausman Street, in the Greenpoint area of Brooklyn, New York. Plaintiff WALTER JAMES has




chemicals. Plaintiff WALTER JAMES brings suit against each DEFENDANT named herein for




173. Plaintiff WLADYSLAWA JAMES is an owner and/or resident of the property

located at 17 Hausman Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

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WLADYSLAWA JAMES has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff WLADYSLAWA JAMES brings suit against




174. Plaintiff BARBARA JANANIS is an owner and/or resident of the property located

at 613-615 Morgan Avenue and 223 Kingsland Avenue, in the Greenpoint area of Brooklyn, New

York. Plaintiff BARBARA JANANIS has suffered foreseeable injury and damage as a proximate



adversely affected and she has been exposed to toxic chemicals. Plaintiff BARBARA JANANIS

brings suit against each DEFENDANT named herein for each cause of action listed herein and

seeks general damages directly and foreseeably resulting from DEFENDANTS’ actions,


be proved at trial.

175. Plaintiff STANISLAW JANANIS is an owner and/or resident of the property

located at 613-615 Morgan Avenue and 223 Kingsland Avenue, in the Greenpoint area of Brooklyn,

New York. Plaintiff STANISLAW JANANIS has suffered foreseeable injury and damage as a

proximate result of DEFENDANTS’ actions and failures to act in that his property has been

damaged, trespassed upon, his property rights have been violated, and the value of his home has

been adversely affected and he has been exposed to toxic chemicals. Plaintiff STANISLAW

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JANANIS brings suit against each DEFENDANT named herein for each cause of action listed



be proved at trial.

176. Plaintiff ANDRZEJ KACPERSKI is an owner and/or resident of the property

located at 161 Engert Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ANDRZEJ

KACPERSKI has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff ANDRZEJ KACPERSKI brings suit against each




177. Plaintiff ZOFIA KACPERSKI is an owner and/or resident of the property located at

161 Engert Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ZOFIA KACPERSKI




chemicals. Plaintiff ZOFIA KACPERSKI brings suit against each DEFENDANT named herein for




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178. Plaintiff KRZYSZTOF KAPICA is an owner and/or resident of the property located

at 29 diamond Street, in the Greenpoint area of Brooklyn, New York. Plaintiff KRZYSZTOF

KAPICA has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff KRZYSZTOF KAPICA brings suit against each




179. Plaintiff ANDREZEJ KAMINSKI is an owner and/or resident of the property

located at 66 Newel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ANDREZEJ

KAMINSKI has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff ANDREZEJ KAMINSKI brings suit against each




180. Plaintiff MIKE KAWOCHKA is an owner and/or resident of the property located at

169 Engert Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff MIKE

KAWOCHKA has suffered foreseeable injury and damage as a proximate result of



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has been exposed to toxic chemicals. Plaintiff MIKE KAWOCHKA brings suit against each




181. Plaintiff JAMES KEELEY is an owner and/or resident of the property located at

173 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff JAMES KEELEY




chemicals. Plaintiff JAMES KEELEY brings suit against each DEFENDANT named herein for




182. Plaintiff HELEN KERWICK is an owner and/or resident of the property located at

193 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff HELEN

KERWICK has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff HELEN KERWICK brings suit against each DEFENDANT




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183. Plaintiff ANDRZEJ KIELBIOWSKI is an owner and/or resident of the property


ANDRZEJ KIELBIOWSKI has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ANDRZEJ KIELBIOWSKI brings suit against each




184. Plaintiff ANNA KIELBIOWSKI is an owner and/or resident of the property located

at 100 Diamond Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ANNA

KIELBIOWSKI has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff ANA KIELBIOWSKI brings suit against each




185. Plaintiff IWONA KIELBIOWSKI is an owner and/or resident of the property


IWONA KIELBIOWSKI has suffered foreseeable injury and damage as a proximate result of



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she has been exposed to toxic chemicals. Plaintiff IWONA KIELBIOWSKI brings suit against




186. Plaintiff JOSEPH KIELBIOWSKI is an owner and/or resident of the property

located at 100 Diamond Street, in the Greenpoint area of Brooklyn, New York. Plaintiff JOSEPH

KIELBIOWSKI has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff JOSEPH KIELBIOWSKI brings suit against each




187. Plaintiff KINGSLAND REALTY is an owner and/or resident of the property located

at 500 Kingsland Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff KINGSLAND

REALTY has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’

actions and failures to act in that their property has been damaged, trespassed upon, their property

rights have been violated, and the value of their property has been adversely affected. Plaintiff

KINGSLAND REALTY brings suit against each DEFENDANT named herein for each cause of




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188. Plaintiff KINGSLAND REALTY LLC is an owner and/or resident of the property


KINGSLAND REALTY LLC has suffered foreseeable injury and damage as a proximate result of



affected. Plaintiff KINGSLAND REALTY LLC brings suit against each DEFENDANT named




189. Plaintiff LUCJA KISELOW is an owner and/or resident of the property located at

601 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff LUCJA KISELOW




chemicals. Plaintiff LUCJA KISELOW brings suit against each DEFENDANT named herein for




190. Plaintiff BRIAN KLEM is an owner and/or resident of the property located at 226A

North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff BRIAN KLEM has




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chemicals. Plaintiff BRIAN KLEM brings suit against each DEFENDANT named herein for each




191. Plaintiff MALGORZATA KLEWINOWSKI is an owner and/or resident of the

property located at 551 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff

MALGORZATA KLEWINOWSKI has suffered foreseeable injury and damage as a proximate



adversely affected and she has been exposed to toxic chemicals. Plaintiff MALGORZATA

KLEWINOWSKI brings suit against each DEFENDANT named herein for each cause of action




192. Plaintiff ZENON KLEWINOWSKI is an owner and/or resident of the property

located at 551 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff ZENON

KLEWINOWSKI has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ENON KLEWINOWSKI brings suit against each




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193. Plaintiff MARK KLICH is an owner and/or resident of the property located at 230

Calyer Street, 232 Calyer Street, 234 Calyer Street, 236 Russell Street, 238 Russell Street, 240

Russell Street and 242 Russell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

MARK KLICH has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff MARK KLICH brings suit against each




194. Plaintiff ROZA KLICH is an owner and/or resident of the property located at 215

Norman Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff ROZA KLICH has




chemicals. Plaintiff ROZA KLICH brings suit against each DEFENDANT named herein for each




195. Plaintiff IRENA KLUZ is an owner and/or resident of the property located at 69

Jewel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff IRENA KLUZ has suffered


in that her property has been damaged, trespassed upon, her property rights have been violated, and

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the value of her home has been adversely affected and she has been exposed to toxic chemicals.

Plaintiff IRENA KLUZ brings suit against each DEFENDANT named herein for each cause of




196. Plaintiff EDWARD KNAPIK is an owner and/or resident of the property located at

289 Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff EDWARD

KNAPIK has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff EDWARD KNAPIK brings suit against each DEFENDANT




197. Plaintiff KATARZYNA KNAPIK is an owner and/or resident of the property

located at 289 Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff

KATARZYNA KNAPIK has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff KATARZYNA KNAPIK brings suit against




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198. Plaintiff MONIKA KNAPIK is an owner and/or resident of the property located at

289 Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff MONIKA

KNAPIK has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff MONIKA KNAPIK brings suit against each DEFENDANT




199. Plaintiff CHARLES L. KOEHLER is an owner and/or resident of the property

located at 99 Diamond Street, Apt. 3L, in the Greenpoint area of Brooklyn, New York. Plaintiff

CHARLES L. KOEHLER has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff CHARLES L. KOEHLER brings suit against each




200. Plaintiff CZESKAINA KONONCZYK is an owner and/or resident of the property


CZESKAINA KONONCZYK has suffered foreseeable injury and damage as a proximate result of



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she has been exposed to toxic chemicals. Plaintiff CZESKAINA KONONCZYK brings suit




201. Plaintiff PIOTR KONONCZYK is an owner and/or resident of the property located

at 301 Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff PIOTR

KONONCZYK has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff PIOTR KONONCZYK brings suit against each




202. Plaintiff TERESA KOSINSKI is an owner and/or resident of the property located at

202 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff TERESA

KOSINSKI has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff TERESA KOSINSKI brings suit against each DEFENDANT




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203. Plaintiff DOROTA KOST is an owner and/or resident of the property located at 79

Driggs Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff DOROTA KOST has




chemicals. Plaintiff DOROTA KOST brings suit against each DEFENDANT named herein for




204. Plaintiff EWA KOSZOWSKA is an owner and/or resident of the property located at

99 Diamond Street, Apt. 3L, in the Greenpoint area of Brooklyn, New York. Plaintiff EWA

KOSZOWSKA has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff EWA KOSZOWSKA brings suit against each




205. Plaintiff ELIZABETH KOVACINY is an owner and/or resident of the property

located at 32 Hausman Street and 34 Hausman Street, in the Greenpoint area of Brooklyn, New

York. Plaintiff ELIZABETH KOVACINY has suffered foreseeable injury and damage as a



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been adversely affected and she has been exposed to toxic chemicals. Plaintiff ELIZABETH

KOVACINY brings suit against each DEFENDANT named herein for each cause of action listed



be proved at trial.

206. Plaintiff JERZY KOWALIK is an owner and/or resident of the property located at

72 Hausman Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

JERZY KOWALIK has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff JERZY KOWALIK brings suit against each




207. Plaintiff SABRINA KOWALIK is an owner and/or resident of the property located

at 72 Hausman Street, in the Greenpoint area of Brooklyn, New York. Plaintiff SABRINA

KOWALIK has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff SABRINA KOWALIK brings suit against each




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208. Plaintiff ANTONI KOZIKOWSKA is an owner and/or resident of the property

located at 576A Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff

ANTONI KOZIKOWSKA has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ANTONI KOZIKOWSKA brings suit against each




209. Plaintiff HALINA KOZIKOWSKA is an owner and/or resident of the property

located at 576A Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff

HALINA KOZIKOWSKA has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff HALINA KOZIKOWSKA brings suit against




210. Plaintiff KREGER TRUCK RENTING COMPANY, INC., is an owner and/or

resident of the property located at 369 Kingsland Avenue, in the Greenpoint area of Brooklyn, New

York. Plaintiff KREGER TRUCK RENTING COMPANY, INC. has suffered foreseeable injury

and damage as a proximate result of DEFENDANTS’ actions and failures to act in that their

property has been damaged, trespassed upon, their property rights have been violated, and the value

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of their property has been adversely affected. Plaintiff KREGER TRUCK RENTING COMPANY,

INC. brings suit against each DEFENDANT named herein for each cause of action listed herein and



be proved at trial.

211. Plaintiff ANDRZEJ KRUKOWSKI is an owner and/or resident of the property

located at 44 Sutton Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ANDRZEJ

KRUKOWSKI has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ANDRZEJ KRUKOWSKI brings suit against each




212. Plaintiff JOANNA KRUKOWSKA is an owner and/or resident of the property

located at 44 Sutton Street, in the Greenpoint area of Brooklyn, New York. Plaintiff JOANNA

KRUKOWSKA has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff JOANNA KRUKOWSKA brings suit against




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213. Plaintiff ROBERT KUCZMARA is an owner and/or resident of the property located

at 572 Morgan Avenue, Apt. 1B, in the Greenpoint area of Brooklyn, New York. Plaintiff

ROBERT KUCZMARA has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ROBERT KUCZMARA brings suit against each




214. Plaintiff JANUSZ KUKULA is an owner and/or resident of the property located at

225 Nassau Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff JANUSZ KUKULA




chemicals. Plaintiff JANUSZ KUKULA brings suit against each DEFENDANT named herein for




215. Plaintiff JEFF KULIKOWSKI is an owner and/or resident of the property located at

20 Russell Street in the Greenpoint area of Brooklyn, New York. Plaintiff JEFF KULIKOWSKI




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chemicals. Plaintiff JEFF KULIKOWSKI brings suit against each DEFENDANT named herein




216. Plaintiff PATRICIA KULIKOWSKI is an owner and/or resident of the property

located at 20 Russell Street in the Greenpoint area of Brooklyn, New York. Plaintiff PATRICIA

KULIKOWSKI has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff PATRICIA KULIKOWSKI brings suit against




217. Plaintiff PATRICIA LEWIS is an owner and/or resident of the property located at

167 Monitor Street, #3, in the Greenpoint area of Brooklyn, New York. Plaintiff PATRICIA

LEWIS has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff PATRICIA LEWIS brings suit against each DEFENDANT




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218. Plaintiff STEPHEN LEWIS is an owner and/or resident of the property located at

167 Monitor Street, #3, in the Greenpoint area of Brooklyn, New York. Plaintiff STEPHEN

LEWIS has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff STEPHEN LEWIS brings suit against each DEFENDANT




219. Plaintiff ADAM LOMOTOWSKI is an owner and/or resident of the property

located at 299 Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff ADAM

LOMOTOWSKI has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ADAM LOMOTOWSKI brings suit against each




220. Plaintiff AGNES LOMOTOWSKA is an owner and/or resident of the property

located at 299 Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff AGNES

LOMOTOWSKA has suffered foreseeable injury and damage as a proximate result of



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she has been exposed to toxic chemicals. Plaintiff AGNES LOMOTOWSKA brings suit against




221. Plaintiff IRENA LOMOTOWSKA is an owner and/or resident of the property

located at 299 Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff IRENA

LOMOTOWSKA has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff IRENA LOMOTOWSKA brings suit against




222. Plaintiff STANISLAW LOMOTOWSKI is an owner and/or resident of the property


STANISLAW LOMOTOWSKI has suffered foreseeable injury and damage as a proximate result



and he has been exposed to toxic chemicals. Plaintiff STANISLAW LOMOTOWSKI brings suit




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223. Plaintiff ROBERT MALDONADO is an owner and/or resident of the property


ROBERT MALDONADO has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ROBERT MALDONADO brings suit against each




224. Plaintiff MIROSLAW MALINOWSKI is an owner and/or resident of the property

located at 247 Nassau Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff

MIROSLAW MALINOWSKI has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff MIROSLAW MALINOWSKI brings suit against




225. Plaintiff MALGORZATA MARCZAK is an owner and/or resident of the property

located at 574 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff

MALGORZATA MARCZAK has suffered foreseeable injury and damage as a proximate result of



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she has been exposed to toxic chemicals. Plaintiff MALGORZATA MARCZAK brings suit




226. Plaintiff MATEUSZ MARCZAK is an owner and/or resident of the property

located at 574 Morgan Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff

MATEUSZ MARCZAK has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff MATEUSZ MARCZAK brings suit against each




227. Plaintiff IVAN MARKOVITCH is an owner and/or resident of the property located

at 74 Sutton Street, in the Greenpoint area of Brooklyn, New York. Plaintiff IVAN

MARKOVITCH has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff IVAN MARKOVITCH brings suit against each




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228. Plaintiff SMILIA MARKOVITCH is an owner and/or resident of the property

located at 74 Sutton Street, in the Greenpoint area of Brooklyn, New York. Plaintiff SMILIA

MARKOVITCH has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff SMILIA MARKOVITCH brings suit against




229. Plaintiff MARY MARSH is an owner and/or resident of the property located at 137

Newell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff MARY MARSH has




chemicals. Plaintiff MARY MARSH brings suit against each DEFENDANT named herein for each




230. Plaintiff JACLYN MARTINEZ is an owner and/or resident of the property located

at 291 Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff JACLYN

MARTINEZ has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



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exposed to toxic chemicals. Plaintiff JACLYN MARTINEZ brings suit against each




231. Plaintiff PABLO MARTINEZ is an owner and/or resident of the property located at

291 Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff PABLO




exposed to toxic chemicals. Plaintiff PABLO MARTINEZ brings suit against each DEFENDANT




232. Plaintiff PAUL MARTINEZ is an owner and/or resident of the property located at

291 Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff PAUL




exposed to toxic chemicals. Plaintiff PAUL MARTINEZ brings suit against each DEFENDANT




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233. Plaintiff ROSA MARTINEZ is an owner and/or resident of the property located at

291 Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff ROSA




exposed to toxic chemicals. Plaintiff ROSA MARTINEZ brings suit against each DEFENDANT




234. Plaintiff ROSALIE MARTINEZ is an owner and/or resident of the property located

at 291 Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff ROSALIE




exposed to toxic chemicals. Plaintiff ROSALIE MARTINEZ brings suit against each




235. Plaintiff HENRYK MAYCHRZAK is an owner and/or resident of the property

located at 57 Jewel Street, Apt. 4R, in the Greenpoint area of Brooklyn, New York. Plaintiff

HENRYK MAYCHRZAK has suffered foreseeable injury and damage as a proximate result of



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has been exposed to toxic chemicals. Plaintiff HENRYK MAYCHRZAK brings suit against each




236. Plaintiff SUSAN MAYR is an owner and/or resident of the property located at 723

Humboldt Street, #3, in the Greenpoint area of Brooklyn, New York. Plaintiff SUSAN MAYR has




chemicals. Plaintiff SUSAN MAYR brings suit against each DEFENDANT named herein for each




237. Plaintiff JOANN MCERLEAN is an owner and/or resident of the property located at

31 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff JOANN MCERLEAN




chemicals. Plaintiff JOANN MCERLEAN brings suit against each DEFENDANT named herein




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238. Plaintiff ROBERT MCERLEAN is an owner and/or resident of the property located

at 31 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff ROBERT

MCERLEAN has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff ROBERT MCERLEAN brings suit against each




239. Plaintiff ANTOINETTE MCLAUGLIN is an owner and/or resident of the property

located at 590 Humboldt Street in the Greenpoint area of Brooklyn, New York. Plaintiff

ANTOINETTE MCLAUGLIN has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff ANTOINETTE MCLAUGLIN brings suit




240. Plaintiff EILEEN MCLAUGHLIN is an owner and/or resident of the property

located at 185 Monitor Street in the Greenpoint area of Brooklyn, New York. Plaintiff EILEEN

MCLAUGHLIN has suffered foreseeable injury and damage as a proximate result of



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she has been exposed to toxic chemicals. Plaintiff EILEEN MCLAUGHLIN brings suit against




241. Plaintiff TRACY MERCKLING is an owner and/or resident of the property located

at 287-A Kingsland Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff TRACY

MERCKLING has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff TRACY MERCKLING brings suit against each




242. Plaintiff ROBERT MIHALKO is an owner and/or resident of the property located

at 161 Diamond Street in the Greenpoint area of Brooklyn, New York. Plaintiff ROBERT

MIHALKO has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff ROBERT MIHALKO brings suit against each DEFENDANT




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243. Plaintiff JADWIGA MIHATOV is an owner and/or resident of the property located

at 137 McGuiness Boulevard, in the Greenpoint area of Brooklyn, New York. Plaintiff JADWIGA

MIHATOV has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff JADWIGA MIHATOV brings suit against each




244. Plaintiff MARIA MIKOLAJCZYK is an owner and/or resident of the property

located at 111 Diamond Street, in the Greenpoint area of Brooklyn, New York. Plaintiff MARIA

MIKOLAJCZYK has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. MARIA MIKOLAJCZYK brings suit against each




245. Plaintiff JOANN MIKULAK is an owner and/or resident of the property located at

243 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff JOANN MIKULAK




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chemicals. Plaintiff JOANN MIKULAK brings suit against each DEFENDANT named herein for




246. Plaintiff WILLIAM MIKULAK is an owner and/or resident of the property located

at 243 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff WILLIAM

MIKULAK has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff WILLIAM MIKULAK brings suit against each




247. Plaintiff MILL PAPER BOX is an owner and/or resident of the property located at

339-355 Kingsland Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff MILL

PAPER BOX has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’

actions and failures to act in that their property has been damaged, trespassed upon, their property

rights have been violated, and the value of their home has been adversely affected and they have

been exposed to toxic chemicals. Plaintiff MILL PAPER BOX brings suit against each




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248. Plaintiff CELINA MITCHELL is an owner and/or resident of the property located at

568 Morgan Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff CELINA

MITCHELL has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff CELINA MITCHELL brings suit against each DEFENDANT




249. Plaintiff GIRARD MITCHELL is an owner and/or resident of the property located

at 568 Morgan Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff GIRARD

MITCHELL has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff GIRARD MITCHELL brings suit against each DEFENDANT




250. Plaintiff LEONARD MLECZKOWSKI is an owner and/or resident of the property

located at 87 Newell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff LEONARD

MLECZKOWSKI has suffered foreseeable injury and damage as a proximate result of



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has been exposed to toxic chemicals. Plaintiff LEONARD MLECZKOWSKI brings suit against




251. Plaintiff NATALIE MOORE is an owner and/or resident of the property located at

186 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff NATALIE MOORE




chemicals. Plaintiff NATALIE MOORE brings suit against each DEFENDANT named herein for




252. Plaintiff 540 MORGAN REALTY LLC is an owner and/or resident of the property

located at 540 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff 540

MORGAN REALTY LLC has suffered foreseeable injury and damage as a proximate result of



affected. Plaintiff 540 MORGAN REALTY LLC brings suit against each DEFENDANT named




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253. Plaintiff EWA MOSCICKI is an owner and/or resident of the property located at

663 Humboldt Street and 39 Newell Street, Apt. 1R, in the Greenpoint area of Brooklyn, New York.

Plaintiff EWA MOSCICKI has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff EWA MOSCICKI brings suit against each




254. Plaintiff PIOTR MOSCICKI is an owner and/or resident of the property located at

663 Humboldt Street and 39 Newell Street, Apt. 1R, in the Greenpoint area of Brooklyn, New York.

Plaintiff PIOTR MOSCICKI has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff PIOTR MOSCICKI brings suit against each




255. Plaintiff BOGDAN MROCZKOWSKI is an owner and/or resident of the property

located at 159 Norman Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff

BOGDAN MROCZKOWSKI has suffered foreseeable injury and damage as a proximate result of



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has been exposed to toxic chemicals. Plaintiff BOGDAN MROCZKOWSKI brings suit against




256. Plaintiff JANINA MROCZKOWSKI is an owner and/or resident of the property

located at 159 Norman Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff JANINA

MROCZKOWSKI has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff JANINA MROCZKOWSKI brings suit against




257. Plaintiff ELIZABETH NEMETH is an owner and /or resident of the properties

located at 570 Morgan Avenue, 627 Morgan Avenue, 270 Nassau Avenue, 272 Nassau Avenue, and

304 Nassau Avenue, 66 Driggs Avenue, 247 Kingsland Avenue, in the Greenpoint area of

Brooklyn, New York. Plaintiff ELIZABETH NEMETH has suffered foreseeable injury and

damage as a proximate result of DEFENDANTS’ actions and failures to act in that her property has

been damaged, trespassed upon, her property rights have been violated, and the value of her home

has been adversely affected and she has been exposed to toxic chemicals. Plaintiff ELIZABETH

NEMETH brings suit against each DEFENDANT named herein for each cause of action listed


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be proved at trial.

258. Plaintiff THOMAS NEMETH is an owner and/or resident of the properties located

at 570 Morgan Avenue, 627 Morgan Avenue, 270 Nassau Avenue, 272 Nassau Avenue, and 304

Nassau Avenue, 66 Driggs Avenue, 247 Kingsland Avenue, in the Greenpoint area of Brooklyn,

New York. Plaintiff THOMAS NEMETH has suffered foreseeable injury and damage as a



been adversely affected and he has been exposed to toxic chemicals. Plaintiff THOMAS NEMETH

brings suit against each DEFENDANT named herein for each cause of action listed herein and



be proved at trial.

259. Plaintiff IVANA NIKOLIC is an owner and/or resident of the property located at

171 Engert Avenue, Unit 4, in the Greenpoint area of Brooklyn, New York. Plaintiff IVANA

NIKOLIC has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff IVANA NIKOLIC brings suit against each DEFENDANT




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260. Plaintiff JEANETTE NILSSON is an owner and/or resident of the property located

at 625 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff JEANETTE

NILSSON has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff JEANETTE NILSSON brings suit against each




261. Plaintiff JEFF NILSSON is an owner and/or resident of the property located at 625

Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff JEFF NILSSON has




chemicals. Plaintiff JEFF NILSSON brings suit against each DEFENDANT named herein for each




262. Plaintiff MARYELLEN NOROWSKI is an owner and/or resident of the property

located at 82 Jewel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff MARYELLEN

NOROWSKI has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



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exposed to toxic chemicals. Plaintiff MARYELLEN NOROWSKI brings suit against each




263. Plaintiff RICHARD NOROWSKI is an owner and/or resident of the property

located at 82 Jewel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff RICHARD

NOROWSKI has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff RICHARD NOROWSKI brings suit against each




264. Plaintiff 275 NORTH HENRY PROPERTIES, INC., is an owner and/or resident of

the property located at 275 North Henry Street, in the Greenpoint area of Brooklyn, New York.

Plaintiff 275 NORTH HENRY PROPERTIES, INC. has suffered foreseeable injury and damage as

a proximate result of DEFENDANTS’ actions and failures to act in that their property has been

damaged, trespassed upon, their property rights have been violated, and the value of their property

has been adversely affected. Plaintiff 275 NORTH HENRY PROPERTIES, INC. brings suit




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265. Plaintiff ALICJA O’CONNOR is an owner and/or resident of the property located at

267 Nassau Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff ALICJA

O’CONNOR has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff ALICJA O’CONNOR brings suit against each DEFENDANT




266. Plaintiff MICHAEL O’CONNOR is an owner and/or resident of the property

located at 267 Nassau Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff MICHAEL

O’CONNOR has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff MICHAEL O’CONNOR brings suit against each




267. Plaintiff CAROL O’NEILL is an owner and/or resident of the property located at

583 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff CAROL O’NEILL




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chemicals. Plaintiff CAROL O’NEILL brings suit against each DEFENDANT named herein for




268. Plaintiff DANIEL O’NEILL is an owner and/or resident of the property located at

583 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff DANIEL O’NEILL




chemicals. Plaintiff DANIEL O’NEILL brings suit against each DEFENDANT named herein for




269. Plaintiff PAUL O’NEILL is an owner and/or resident of the property located at 583

Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff PAUL O’NEILL has




chemicals. Plaintiff PAUL O’NEILL brings suit against each DEFENDANT named herein for each




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270. Plaintiff MARTIN O’REILLY is an owner and/or resident of the property located at

58 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff MARTIN O’REILLY




chemicals. Plaintiff MARTIN O’REILLY brings suit against each DEFENDANT named herein for




271. Plaintiff PATRICIA O’REILLY is an owner and/or resident of the property located

at 58 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff PATRICIA

O’REILLY has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff PATRICIA O’REILLY brings suit against each




272. Plaintiff ROGER OWENS is an owner and/or resident of the property located at 98

Diamond Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ROGER OWENS has




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chemicals. Plaintiff ROGER OWENS brings suit against each DEFENDANT named herein for




273. Plaintiff ROBERT PACZKOWSKI is an owner and/or resident of the property

located at 142 Diamond Street #2, in the Greenpoint area of Brooklyn, New York. Plaintiff

ROBERT PACZKOWSKI has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ROBERT PACZKOWSKI brings suit against each




274. Plaintiff JOE PAGANO is an owner and/or resident of the property located at 141

Diamond Street, in the Greenpoint area of Brooklyn, New York. Plaintiff JOE PAGANO has




chemicals. Plaintiff JOE PAGANO brings suit against each DEFENDANT named herein for each




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275. Plaintiff LAURA PAGANO is an owner and/or resident of the property located at

141 Diamond Street, in the Greenpoint area of Brooklyn, New York. Plaintiff LAURA PAGANO




chemicals. Plaintiff LAURA PAGANO brings suit against each DEFENDANT named herein for




276. Plaintiff IAN PANTELEONE is an owner and/or resident of the property located at

225 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff IAN

PANTELEONE has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff IAN PANTELEONE brings suit against each




277. Plaintiff LINDA PANTELEONE, is an owner and/or resident of the property

located at 288 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff LINDA




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she has been exposed to toxic chemicals. Plaintiff LINDA PANTELEONE brings suit against each




278. Plaintiff LINDA G. PANTELEONE, is an owner and/or resident of the property

located at 225 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff LINDA

G. PANTELEONE has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff LINDA G. PANTELEONE brings suit against




279. Plaintiff LOUIS PANTELEONE, is an owner and/or resident of the property located

at 225 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff LOUIS




has been exposed to toxic chemicals. Plaintiff LOUIS PANTELEONE brings suit against each




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280. Plaintiff LOUIS PANTELEONE, AS ATTORNEY IN FACT FOR SYLVIA

PANTELEONE, is an owner and/or resident of the property located at 225 North Henry Street, in

the Greenpoint area of Brooklyn, New York. Plaintiff LOUIS PANTELEONE, AS ATTORNEY

IN FACT FOR SYLVIA PANTELEONE, has suffered foreseeable injury and damage as a



been adversely affected and he has been exposed to toxic chemicals. Plaintiff LOUIS

PANTELEONE, AS ATTORNEY IN FACT FOR SYLVIA PANTELEONE, brings suit against




281. Plaintiff JEANNIE PAPAVERA is an owner and/or resident of the property located

at 172 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff JEANNIE

PAPAVERA has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff JEANNIE PAPAVERA brings suit against each




282. Plaintiff CYNTHIA PARCIAK, is an owner and/or resident of the property located

at 625 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff CYNTHIA

PARCIAK has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’

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exposed to toxic chemicals. Plaintiff CYNTHIA PARCIAK brings suit against each DEFENDANT




283. Plaintiff WIESLAW PARCIAK, is an owner and/or resident of the property located

at 625 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff WIESLAW

PARCIAK has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff WIESLAW PARCIAK brings suit against each




284. Plaintiff ROSEMARIE PAWLIKOWSKI is an owner and/or resident of the

property located at 127 Engert Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff

ROSEMARIE PAWLIKOWSKI has suffered foreseeable injury and damage as a proximate result



and she has been exposed to toxic chemicals. Plaintiff ROSEMARIE PAWLIKOWSKI brings suit


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285. Plaintiff ADAM PEDOTA is an owner and/or resident of the property located at 50

Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff ADAM PEDOTA has




chemicals. Plaintiff ADAM PEDOTA brings suit against each DEFENDANT named herein for




286. Plaintiff JANE PEDOTA is an owner and/or resident of the property located at 50

Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff JANE PEDOTA has




chemicals. Plaintiff JANE PEDOTA brings suit against each DEFENDANT named herein for each




287. Plaintiff PEREZ INTERBORO ASPHALT COMPANY, INC., is an owner and/or

resident of the property located at 99 Paidge Avenue, in the Greenpoint area of Brooklyn, New

York. Plaintiff PEREZ INTERBORO ASPHALT COMPANY, INC. has suffered foreseeable

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injury and damage as a proximate result of DEFENDANTS’ actions and failures to act in that their

property has been damaged, trespassed upon, their property rights have been violated, and the value

of their property has been adversely affected. Plaintiff PEREZ INTERBORO ASPHALT

COMPANY, INC. brings suit against each DEFENDANT named herein for each cause of action




288. Plaintiff ALICIA PEREZ, is an owner and/or resident of the property located at

568A Morgan Avenue, Apt. 3L, in the Greenpoint area of Brooklyn, New York. Plaintiff ALICIA

PEREZ has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff ALICIA PEREZ brings suit against each DEFENDANT




289. Plaintiff GEORGE L. PEREZ, is an owner and/or resident of the property located at

568A Morgan Avenue, Apt. 3L, in the Greenpoint area of Brooklyn, New York. Plaintiff

GEORGE L. PEREZ has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff GEORGE L. PEREZ brings suit against each


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290. Plaintiff LUIS M. PEREZ, is an owner and/or resident of the property located at

568A Morgan Avenue, Apt. 3L, in the Greenpoint area of Brooklyn, New York. Plaintiff LUIS M.

PEREZ has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff LUIS M. PEREZ brings suit against each DEFENDANT




291. Plaintiff NANCY PETRULLO, is an owner and/or resident of the property located

at 100 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff NANCY

PETRULLO has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff NANCY PETRULLO brings suit against each DEFENDANT




292. Plaintiff ROBERT PETRULLO, is an owner and/or resident of the property located

at 100 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ROBERT

PETRULLO has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’

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exposed to toxic chemicals. Plaintiff ROBERT PETRULLO brings suit against each




293. Plaintiff CECYLIA PIENEZYKOWSKA is an owner and/or resident of the

property located at 306 Nassau Avenue in the Greenpoint area of Brooklyn, New York. Plaintiff

CECYLIA PIENEZYKOWSKA has suffered foreseeable injury and damage as a proximate result



and she has been exposed to toxic chemicals. Plaintiff CECYLIA PIENEZYKOWSKA brings suit




294. Plaintiff RENATE PIRRO, is an owner and/or resident of the property located at 38

Driggs Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff RENATE PIRRO has




chemicals. Plaintiff RENATE PIRRO brings suit against each DEFENDANT named herein for


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295. Plaintiff THOMAS PORUCZNIK is an owner and/or resident of the property

located at 185A Russell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff THOMAS

PORUCZNIK has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff THOMAS PORUCZNIK brings suit against each




296. Plaintiff KATHLEEN PORUCZNIK is an owner and/or resident of the property

located at 185A Russell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

KATHLEEN PORUCZNIK has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff KATHLEEN PORUCZNIK brings suit against




297. Plaintiff ALFRED PROTO is an owner and/or resident of the property located at

229 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ALFRED PROTO has


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chemicals. Plaintiff ALFRED PROTO brings suit against each DEFENDANT named herein for




298. Plaintiff MARIA PROTO is an owner and/or resident of the property located at 229

Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff MARIA PROTO has




chemicals. Plaintiff MARIA PROTO brings suit against each DEFENDANT named herein for




299. Plaintiff EDWARD QUACKENBUSH is an owner and/or resident of the property

located at 219 North Henry Street in the Greenpoint area of Brooklyn, New York. Plaintiff

EDWARD QUACKENBUSH has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff EDWARD QUACKENBUSH brings suit against


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300. Plaintiff ERIN QUACKENBUSH is an owner and/or resident of the property

located at 219 North Henry Street in the Greenpoint area of Brooklyn, New York. Plaintiff ERIN

QUACKENBUSH has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff ERIN QUACKENBUSH brings suit against each




301. Plaintiff MAUREEN QUACKENBUSH is an owner and/or resident of the property

located at 219 North Henry Street in the Greenpoint area of Brooklyn, New York. Plaintiff

MAUREEN QUACKENBUSH has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff MAUREEN QUACKENBUSH brings suit




302. Plaintiff JOHN RIESS is an owner and/or resident of the property located at169

Monitor Street in the Greenpoint area of Brooklyn, New York. Plaintiff JOHN RIESS has suffered


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Plaintiff JOHN RIESS brings suit against each DEFENDANT named herein for each cause of




303. Plaintiff KARI RIESS is an owner and/or resident of the property located at 169

Monitor Street in the Greenpoint area of Brooklyn, New York. Plaintiff KARI RIESS has suffered




Plaintiff KARI RIESS brings suit against each DEFENDANT named herein for each cause of




304. Plaintiff ANGEL RIOS, is an owner and/or resident of the property located at 805

Meeker Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff ANGEL RIOS has




chemicals. Plaintiff ANGEL RIOS brings suit against each DEFENDANT named herein for each


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305. Plaintiff CARMEN RIOS, is an owner and/or resident of the property located at 805

Meeker Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff CARMEN RIOS has




chemicals. Plaintiff CARMEN RIOS brings suit against each DEFENDANT named herein for each




306. Plaintiff MARIE RIVERS-PELLEGRINO is an owner and/or resident of the

property located at 86 Jewel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

MARIE RIVERS-PELLEGRINO has suffered foreseeable injury and damage as a proximate result



and she has been exposed to toxic chemicals. Plaintiff MARIE RIVERS-PELLEGRINO brings suit




307. Plaintiff OLGA ROACH is an owner and/or resident of the property located at 65

Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff OLGA ROACH has


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chemicals. Plaintiff OLGA ROACH brings suit against each DEFENDANT named herein for each




308. Plaintiff ROBERT ROACH is an owner and/or resident of the property located at 65

Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff ROBERT ROACH has




chemicals. Plaintiff ROBERT ROACH brings suit against each DEFENDANT named herein for




309. Plaintiff THOMAS ROACH is an owner and/or resident of the property located at

65 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff THOMAS ROACH




chemicals. Plaintiff THOMAS ROACH brings suit against each DEFENDANT named herein for


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310. Plaintiff ANIBAL RODRIGUEZ is an owner and/or resident of the property located

at 53 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff ANIBAL

RODRIGUEZ has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ANIBAL RODRIGUEZ brings suit against each




311. Plaintiff DONNA RODRIGUEZ is an owner and/or resident of the property located

at 53 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff DONNA

RODRIGUEZ has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff DONNA RODRIGUEZ brings suit against each




312. Plaintiff BOZENA ROGALSKA is an owner and/or resident of the property

located at 192 Driggs in the Greenpoint area of Brooklyn, New York. Plaintiff BOZENA

ROGALSKA has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’

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exposed to toxic chemicals. Plaintiff BOZENA ROGALSKA brings suit against each




313. Plaintiff ELWIRA ROGOZIA is an owner and/or resident of the property located at

583 Meeker Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff ELWIRA

ROGOZIA has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff ELWIRA ROGOZIA brings suit against each DEFENDANT




314. Plaintiff JOHN ROGOZIA is an owner and/or resident of the property located at

583 Meeker Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff JOHN ROGOZIA




chemicals. Plaintiff JOHN ROGOZIA brings suit against each DEFENDANT named herein for


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315. Plaintiff ALEX ROKOWSKY, is an owner and/or resident of the property located at

231 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ALEX

ROKOWSKY has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ALEX ROKOWSKY brings suit against each




316. Plaintiff LEAH ROSS is an owner and/or resident of the property located at 66

Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff LEAH ROSS has suffered




Plaintiff LEAH ROSS brings suit against each DEFENDANT named herein for each cause of




317. Plaintiff JANINA ROSZKOWSKA, is an owner and/or resident of the property

located at 221 Nasaau Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff JANINA

ROSZKOWSKA has suffered foreseeable injury and damage as a proximate result of

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has been exposed to toxic chemicals. Plaintiff JANINA ROSZKOWSKA brings suit against each




318. Plaintiff LAURANN RUFRANO is an owner and/or resident of the property located

at 218 Monitor Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff LAURANN

RUFRANO has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff LAURANN RUFRANO brings suit against each




319. Plaintiff LEWIS RUFRANO, is an owner and/or resident of the property located at

231 218 Monitor Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff LEWIS

RUFRANO has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff LEWIS RUFRANO brings suit against each DEFENDANT


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320. Plaintiff ALICJA SADOWSKA, is an owner and/or resident of the property located

at 175 Kingsland Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff ALICJA

SADOWSKA has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff ALICJA SADOWSKA brings suit against each




321. Plaintiff PAULINA SADOWSKA is an owner and/or resident of the property


PAULINA SADOWSKA has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff PAULINA SADOWSKA brings suit against




322. Plaintiff TOMMASO SANTINO is an owner and/or resident of the property located

at 579 Meeker Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff TOMMASO

SANTINO has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’

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exposed to toxic chemicals. Plaintiff TOMMASO SANTINO brings suit against each




323. Plaintiff EDITH J. SCHKRUTZ, is an owner and/or resident of the property located

at 75 Newell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff EDITH J.

SCHKRUTZ has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff EDITH J. SCHKRUTZ brings suit against each




324. Plaintiff CLAUS SCHOENWIESE is an owner and/or resident of the property

located at 66 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff CLAUS

SCHOENWIESE has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff CLAUS SCHOENWIESE brings suit against each


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325. Plaintiff SDK REALTY LLC, is an owner and/or resident of the property located at

290 Nassau Avenue and 292 Nassau Avenue, in the Greenpoint area of Brooklyn, New York.

Plaintiff SDK REALTY LLC has suffered foreseeable injury and damage as a proximate result of


upon, their property rights have been violated, and the value of their home has been adversely

affected and they have been exposed to toxic chemicals. Plaintiff SDK REALTY LLC brings suit




326. Plaintiff SARAH SEWARD, is an owner and/or resident of the property located at

588 Morgan Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff SARAH SEWARD




chemicals. Plaintiff SARAH SEWARD brings suit against each DEFENDANT named herein for




327. Plaintiff BARBARA SKORNIEWSKA, is an owner and/or resident of the property

located at 87 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff BARBARA

SKORNIEWSKA has suffered foreseeable injury and damage as a proximate result of

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she has been exposed to toxic chemicals. Plaintiff BARBARA SKORNIEWSKA brings suit




328. Plaintiff ELIZABETH SKOWRONSKI, is an owner and/or resident of the property

located at 197 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

ELIZABETH SKOWRONSKI has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff ELIZABETH SKOWRONSKI brings suit




329. Plaintiff TOM STAGG is an owner and/or resident of the property located at 156

Newell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff TOM STAGG has suffered




Plaintiff TOM STAGG brings suit against each DEFENDANT named herein for each cause of


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330. Plaintiff EUGENE STARKY, is an owner and/or resident of the property located at

166 Russell Street, Apt. 3L, in the Greenpoint area of Brooklyn, New York. Plaintiff EUGENE

STARKY has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff EUGENE STARKY brings suit against each DEFENDANT




331. Plaintiff ZBIGNIEW STASIEWICZ, is an owner and/or resident of the property

located at 160 Newton Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ZBIGNIEW

STASIEWICZ has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ZBIGNIEW STASIEWICZ brings suit against each




332. Plaintiff ANNA STEFANOWCZ, is an owner and/or resident of the property

located at 72 Diamond Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ANNA

STEFANOWCZ, has suffered foreseeable injury and damage as a proximate result of

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she has been exposed to toxic chemicals. Plaintiff ANNA STEFANOWCZ, brings suit against each




333. Plaintiff BOGDAN STEFANSKI, is an owner and/or resident of the property

located at 250 Nassau Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff BOGDAN

STEFANSKI has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff BOGDAN STEFANSKI brings suit against each




334. Plaintiff MALGORZATA STEFANSKI, is an owner and/or resident of the property

located at 250 Nassau Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff

MALGORZATA STEFANSKI has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff MALGORZATA STEFANSKI brings suit


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335. Plaintiff CHRISTINE STEFFEN is an owner and/or resident of the property located

at 13 N. Henry Street in the Greenpoint area of Brooklyn, New York. Plaintiff CHRISTINE

STEFFEN has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff CHRISTINE STEFFEN brings suit against each




336. Plaintiff DONNA STEFFEN is an owner and/or resident of the property located at

13 N. Henry Street in the Greenpoint area of Brooklyn, New York. Plaintiff DONNA STEFFEN




chemicals. Plaintiff DONNA STEFFEN brings suit against each DEFENDANT named herein for




337. Plaintiff ALICE STONE is an owner and/or resident of the property located at 231

Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ALICE STONE has


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chemicals. Plaintiff ALICE STONE brings suit against each DEFENDANT named herein for each




338. Plaintiff DOREEN SUDANO is an owner and/or resident of the property located at

37 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff DOREEN SUDANO




chemicals. Plaintiff DOREEN SUDANO brings suit against each DEFENDANT named herein for




339. Plaintiff WINCENTY SURDYKA, is an owner and/or resident of the property

located at 53 Jewel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff WINCENTY

SURDYKA has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff WINCENTY SURDYKA brings suit against each


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340. Plaintiff ADAM SUTOWSKI is an owner and/or resident of the property located at

47 Driggs Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff ADAM SUTOWSKI




chemicals. Plaintiff ADAM SUTOWSKI brings suit against each DEFENDANT named herein for




341. Plaintiff DOROTHY SWICK is an owner and/or resident of the property located at

54 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff DOROTHY SWICK




chemicals. Plaintiff DOROTHY SWICK brings suit against each DEFENDANT named herein for




342. Plaintiff RAYMOND SWICK is an owner and/or resident of the property located at

54 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff RAYMOND SWICK


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chemicals. Plaintiff RAYMOND SWICK brings suit against each DEFENDANT named herein for




343. Plaintiff FELICYA SZACKI, is an owner and/or resident of the property located at

697 Humboldt Street, in the Greenpoint area of Brooklyn, New York. Plaintiff FELICYA SZACKI




chemicals. Plaintiff FELICYA SZACKI brings suit against each DEFENDANT named herein for




344. Plaintiff MARY SZCZECH, is an owner and/or resident of the property located at

178 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff MARY SZCZECH




chemicals. Plaintiff MARY SZCZECH brings suit against each DEFENDANT named herein for


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345. Plaintiff CAROL SZUMSKI, is an owner and/or resident of the property located at

17 Apollo Street, in the Greenpoint area of Brooklyn, New York. Plaintiff CAROL SZUMSKI has




chemicals. Plaintiff CAROL SZUMSKI brings suit against each DEFENDANT named herein for




346. Plaintiff JAN TABOR, is an owner and/or resident of the property located at138

Diamond and 41 Newell, in the Greenpoint area of Brooklyn, New York. Plaintiff JAN TABOR




chemicals. Plaintiff JAN TABOR brings suit against each DEFENDANT named herein for each




347. Plaintiff JOZEFA TATARYNOWICZ, is an owner and/or resident of the property

located at 27 Russell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff JOZEFA

TATARYNOWICZ has suffered foreseeable injury and damage as a proximate result of

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she has been exposed to toxic chemicals. Plaintiff JOZEFA TATARYNOWICZ brings suit against




348. Plaintiff WALTER TATARYNOWICZ, is an owner and/or resident of the property

located at 27 Russell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff WALTER

TATARYNOWICZ has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff WALTER TATARYNOWICZ brings suit against




349. Plaintiff JAMES TINISKI is an owner and/or resident of the property located at 15

Apollo Street in the Greenpoint area of Brooklyn, New York. Plaintiff JAMES TINISKI has




chemicals. Plaintiff JAMES TINISKI brings suit against each DEFENDANT named herein for


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350. Plaintiff NAEMI TINISKI is an owner and/or resident of the property located at 15

Apollo Street in the Greenpoint area of Brooklyn, New York. Plaintiff NAEMI TINISKI has




chemicals. Plaintiff NAEMI TINISKI brings suit against each DEFENDANT named herein for




351. Plaintiff KENNETH TOGLIA is an owner and/or resident of the property located at

501 Vandervoort, in the Greenpoint area of Brooklyn, New York. Plaintiff KENNETH TOGLIA




chemicals. Plaintiff KENNETH TOGLIA brings suit against each DEFENDANT named herein for




352. Plaintiff MORGANA TOGLIA is an owner and/or resident of the property located

at 501 Vandervoort, in the Greenpoint area of Brooklyn, New York. Plaintiff MORGANA

TOGLIA has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’

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exposed to toxic chemicals. Plaintiff MORGANA TOGLIA brings suit against each DEFENDANT




353. Plaintiff ANNA TOKARSKI, is an owner and/or resident of the property located at

77 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ANNA

TOKARSKI has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff ANNA TOKARSKI brings suit against each DEFENDANT




354. Plaintiff PAUL S. TOKARSKI, is an owner and/or resident of the property located

at 77 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff PAUL S.

TOKARSKI has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff PAUL S. TOKARSKI brings suit against each DEFENDANT


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355. Plaintiff SUZANNE TOMATORE is an owner and/or resident of the property

located at 110 Beadel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff SUZANNE

TOMATORE has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff SUZANNE TOMATORE brings suit against each




356. Plaintiff DANUTA TOMCZAK, is an owner and/or resident of the property located

at 78 Sutton Street, in the Greenpoint area of Brooklyn, New York. Plaintiff DANUTA

TOMCZAK has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff DANUTA TOMCZAK brings suit against each




357. Plaintiff KRZYSZTOF TOMCZAK, is an owner and/or resident of the property

located at 78 Sutton Street, in the Greenpoint area of Brooklyn, New York. Plaintiff KRZYSZTOF


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exposed to toxic chemicals. Plaintiff KRZYSZTOF TOMCZAK brings suit against each




358. Plaintiff THOMAS TOMCZAK, is an owner and/or resident of the property located

at 78 Sutton Street, in the Greenpoint area of Brooklyn, New York. Plaintiff THOMAS




exposed to toxic chemicals. Plaintiff THOMAS TOMCZAK brings suit against each




359. Plaintiff YVETTE TOMCZAK, is an owner and/or resident of the property located

at 78 Sutton Street, in the Greenpoint area of Brooklyn, New York. Plaintiff YVETTE TOMCZAK




chemicals. Plaintiff YVETTE TOMCZAK brings suit against each DEFENDANT named herein


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360. Plaintiff ALFREDO TORRES is an owner and/or resident of the property located at

52 Hausman Street in the Greenpoint area of Brooklyn, New York. Plaintiff ALFREDO TORRES




chemicals. Plaintiff ALFREDO TORRES brings suit against each DEFENDANT named herein for




361. Plaintiff DOREEN TORRES, is an owner and/or resident of the property located at

728 Humboldt Street, in the Greenpoint area of Brooklyn, New York. Plaintiff DOREEN TORRES




chemicals. Plaintiff DOREEN TORRES brings suit against each DEFENDANT named herein for




362. Plaintiff EUGENE TORRES is an owner and/or resident of the property located at

728 Humboldt Street in the Greenpoint area of Brooklyn, New York. Plaintiff EUGENE TORRES


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chemicals. Plaintiff EUGENE TORRES brings suit against each DEFENDANT named herein for




363. Plaintiff TINA TORRES, is an owner and/or resident of the property located at

70A Newel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff TINA TORRES




chemicals. Plaintiff TINA TORRES brings suit against each DEFENDANT named herein for each




364. Plaintiff ANDREW TUOMEY is an owner and/or resident of the property located at

170 Monitor Street in the Greenpoint area of Brooklyn, New York. Plaintiff ANDREW TUOMEY




chemicals. Plaintiff ANDREW TUOMEY brings suit against each DEFENDANT named herein


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365. Plaintiff STEPHANIE TUOMEY is an owner and/or resident of the property located

at 170 Monitor Street in the Greenpoint area of Brooklyn, New York. Plaintiff STEPHANIE

TUOMEY has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff STEPHANIE TUOMEY brings suit against each




366. Plaintiff BRUCE VANACOUR, is an owner and/or resident of the property located

at 233 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff BRUCE

VANACOUR has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff BRUCE VANACOUR brings suit against each




367. Plaintiff JACQUELINE VARANO, is an owner and/or resident of the properties

located at 107 Jewel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

JACQUELINE VARANO has suffered foreseeable injury and damage as a proximate result of

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has been exposed to toxic chemicals. Plaintiff JACQUELINE VARANO brings suit against each




368. Plaintiff VINCENT VESPOLE is an owner and/or resident of the property located

at 25 Van Dam Street in the Greenpoint area of Brooklyn, New York. Plaintiff VINCENT

VESPOLE has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff VINCENT VESPOLE brings suit against each




369. Plaintiff RAYMOND VITOLO is an owner and/or resident of the property located

at 9 Russell Street, in the Greenpoint area of Brooklyn, New York. Plaintiff RAYMOND VITOLO




chemicals. Plaintiff RAYMOND VITOLO brings suit against each DEFENDANT named herein


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370. Plaintiff ANDREW WASHACK is an owner and/or resident of the property located

at 275 Nassau Avenue and 14 Herbert Street, in the Greenpoint area of Brooklyn, New York.

Plaintiff ANDREW WASHACK has suffered foreseeable injury and damage as a proximate result



and he has been exposed to toxic chemicals. Plaintiff ANDREW WASHACK brings suit against




371. Plaintiff ROSALIE WASHACK is an owner and/or resident of the property located

at 275 Nassau Avenue and 14 Herbert Street, in the Greenpoint area of Brooklyn, New York.

Plaintiff ROSALIE WASHACK has suffered foreseeable injury and damage as a proximate result



and she has been exposed to toxic chemicals. Plaintiff ROSALIE WASHACK brings suit against




372. Plaintiff ROMUALDA WASILEWSKI is an owner and/or resident of the property

located at 16 Jewel Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ROMUALDA

WASILEWSKI has suffered foreseeable injury and damage as a proximate result of

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she has been exposed to toxic chemicals. Plaintiff ROMUALDA WASILEWSKI brings suit




373. Plaintiff ANDRZEJ WASZAKOWSKI, is an owner and/or resident of the property

located at 697 Humboldt Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

ANDRZEJ WASZAKOWSKI has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff ANDRZEJ WASZAKOWSKI brings suit against




374. Plaintiff RUDOLPH WECHSLER, is an owner and/or resident of the property

located at 174 and 180 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

RUDOLPH WECHSLER has suffered foreseeable injury and damage as a proximate result of



has been exposed to toxic chemicals. Plaintiff RUDOLPH WECHSLER brings suit against each


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375. Plaintiff BEATRICE WOLERT-WEESE, is an owner and/or resident of the

property located at 215 Nassau Avenue, Apt. 3R, in the Greenpoint area of Brooklyn, New York.

Plaintiff BEATRICE WOLERT-WEESE has suffered foreseeable injury and damage as a



been adversely affected and she has been exposed to toxic chemicals. Plaintiff BEATRICE

WOLERT-WEESE brings suit against each DEFENDANT named herein for each cause of action




376. Plaintiff ERIK WEESE, is an owner and/or resident of the property located at

215 Nassau Avenue, Apt. 2L, in the Greenpoint area of Brooklyn, New York. Plaintiff ERIK

WEESE has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff ERIK WEESE brings suit against each DEFENDANT named




377. Plaintiff BARBARA WENZEL, is an owner and/or resident of the property located

at 89 Driggs Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff BARBARA

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WENZEL has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff BARBARA WENZEL brings suit against each




378. Plaintiff CHRISTINE WENZEL, is an owner and/or resident of the property located

at 89 Driggs Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff CHRISTINE




exposed to toxic chemicals. Plaintiff CHRISTINE WENZEL brings suit against each




379. Plaintiff MICHAEL WENZEL, is an owner and/or resident of the property located

at 89 Driggs Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff MICHAEL




exposed to toxic chemicals. Plaintiff MICHAEL WENZEL brings suit against each DEFENDANT


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380. Plaintiff AMY WIELUNSKI, is an owner and/or resident of the property located at

42 Hausman Street, in the Greenpoint area of Brooklyn, New York. Plaintiff AMY WIELUNSKI




chemicals. Plaintiff AMY WIELUNSKI brings suit against each DEFENDANT named herein for




381. Plaintiff PAUL WIELUNSKI, is an owner and/or resident of the property located at

193 North Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff PAUL

WIELUNSKI has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff PAUL WIELUNSKI brings suit against each DEFENDANT




382. Plaintiff MADELINE WIERZBICKY is an owner and/or resident of the property

located at 7 Hausman Street and 767 Meeker Avenue, in the Greenpoint area of Brooklyn, New

York. Plaintiff MADELINE WIERZBICKY has suffered foreseeable injury and damage as a

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been adversely affected and she has been exposed to toxic chemicals. Plaintiff MADELINE

WIERZBICKY brings suit against each DEFENDANT named herein for each cause of action listed



be proved at trial.

383. Plaintiff BARBARA WIERZEL is an owner and/or resident of the property located

at 191 Nassau Avenue and 145 Driggs Avenue, in the Greenpoint area of Brooklyn, New York.

Plaintiff BARBARA WIERZEL has suffered foreseeable injury and damage as a proximate result



and she has been exposed to toxic chemicals. Plaintiff BARBARA WIERZEL brings suit against




384. Plaintiff GREGORY WOJNO is an owner and/or resident of the property located at

225 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff GREGORY WOJNO




chemicals. Plaintiff GREGORY WOJNO brings suit against each DEFENDANT named herein for


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385. Plaintiff PHYLLYS WOJNO is an owner and/or resident of the property located at

225 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff PHYLLYS WOJNO




chemicals. Plaintiff PHYLLYS WOJNO brings suit against each DEFENDANT named herein for




386. Plaintiff BARBARA WOLERT, is an owner and/or resident of the property located

at 215 Nassau Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff BARBARA

WOLERT has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff BARBARA WOLERT brings suit against each




387. Plaintiff MARZENA WOLERT, is an owner and/or resident of the property located

at 215 Nassau Avenue, Apt. 2L, in the Greenpoint area of Brooklyn, New York. Plaintiff

MARZENA WOLERT has suffered foreseeable injury and damage as a proximate result of

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she has been exposed to toxic chemicals. Plaintiff MARZENA WOLERT brings suit against each




388. Plaintiff VINCENT WOLERT, is an owner and/or resident of the property located at

215 Nassau Avenue, in the Greenpoint area of Brooklyn, New York. Plaintiff VINCENT

WOLERT has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff VINCENT WOLERT brings suit against each DEFENDANT




389. Plaintiff RICK WOODS, is an owner and/or resident of the property located at 232A

N. Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff RICK WOODS has




chemicals. Plaintiff RICK WOODS brings suit against each DEFENDANT named herein for each


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390. Plaintiff YUN WOODS is an owner and/or resident of the property located at 232A

N. Henry Street, in the Greenpoint area of Brooklyn, New York. Plaintiff YUN WOODS has




chemicals. Plaintiff YUN WOODS brings suit against each DEFENDANT named herein for each




391. Plaintiff TADEUSZ ZAGORSKI, is an owner and/or resident of the property

located at 87 Monitor Street, in the Greenpoint area of Brooklyn, New York. Plaintiff TADEUSZ

ZAGORSKI has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’



exposed to toxic chemicals. Plaintiff TADEUSZ ZAGORSKI brings suit against each




392. Plaintiff ANDRZEJ ZDUNCZYC, is an owner and/or resident of the property

located at 41 Apollo Street, in the Greenpoint area of Brooklyn, New York. Plaintiff ANDRZEJ

ZDUNCZYC has suffered foreseeable injury and damage as a proximate result of DEFENDANTS’

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exposed to toxic chemicals. Plaintiff ANDRZEJ ZDUNCZYC brings suit against each




393. Plaintiff KATARZYNA ZDUNCZYC, is an owner and/or resident of the property

located at 41 Apollo Street, in the Greenpoint area of Brooklyn, New York. Plaintiff

KATARZYNA ZDUNCZYC has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff KATARZYNA ZDUNCZYC brings suit against




394. Plaintiff EWA DOROTA ZDUNCZYC, is an owner and/or resident of the property

located at 41 Apollo Street, in the Greenpoint area of Brooklyn, New York. Plaintiff EWA

DOROTA ZDUNCZYC has suffered foreseeable injury and damage as a proximate result of



she has been exposed to toxic chemicals. Plaintiff EWA DOROTA ZDUNCYC brings suit against


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395. Upon information and belief, defendant ExxonMobil Corporation (hereinafter

referred to as “DEFENDANT EXXONMOBIL”) is a New Jersey corporation with its corporate

headquarters in Irving, Texas. The EXXONMOBIL TERMINAL is owned, operated, managed,

and/or controlled by DEFENDANT EXXONMOBIL. DEFENDANT EXXONMOBIL, at all

times relevant herein was and is, authorized to do business and is doing business in State of New

York, and owned, operated, managed, controlled and/or was liable for toxic pollution emanating

from the EXXONMOBIL TERMINAL and properties located in Brooklyn, New York, currently

and formerly owned, occupied, and controlled by DEFENDANT EXXONMOBIL.

396. Upon information and belief, defendant BP PRODUCTS NORTH AMERICA

INC. (hereinafter referred to as “DEFENDANT BP”) is an Indiana corporation with its corporate

headquarters in Warrenville, Illinois. The BP TERMINAL is owned, operated, managed, and/or

controlled by DEFENDANT BP. The BP TERMINAL was formerly owned, operated, managed

and/or otherwise controlled by DEFENDANT EXXON MOBIL and/or its corporate predecessor

Mobil Oil Company. DEFENDANT BP at all times relevant herein was and is, doing business

in the State of New York and owned, operated, managed, controlled and/or was liable for toxic

pollution emanating from operated the BP TERMINAL in Brooklyn, New York.

397. Upon information and belief, defendant Texaco Inc. (hereinafter referred to as

“DEFENDANT TEXACO”) is a Delaware corporation with its corporate headquarters in San

Ramon, California. DEFENDANT TEXACO purchased or otherwise merged the former

business entity of Paragon Oil. Through this purchase or merger, DEFENDANT TEXACO

came to own, possess, control and/or occupy the real property that exists between Bridgewater

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Street and Newtown Creek in Brooklyn, New York (hereinafter referred to as the “TEXACO

PROPERTY”). During the time that the TEXACO PROPERTY was owned, possessed,

controlled and/or occupied by DEFENDANT TEXACO, at least some of the oil spill and/or

ground contamination discussed herein occurred and some of the oil and/or hazardous materials

were spilled or released on the TEXACO PROPERTY. At all times mentioned herein,

DEFENDANT TEXACO was and is, doing business in the State of New York and is liable for

oil, pollution, and/or contaminants emanating from on and around the TEXACO PROPERTY in

Brooklyn, New York.

398. Upon information and belief, defendant Peerless Importers, Inc. (hereinafter

referred to as “DEFENDANT PEERLESS”) is a New York Corporation with its corporate

headquarters in Brooklyn, New York. DEFENDANT PEERLESS currently owns, possesses,

controls, and/or otherwise occupies the TEXACO PROPERTY. During the time that the

TEXACO PROPERTY was owned, possessed, controlled and/or occupied by DEFENDANT

PEERLESS, the oil spill and/or ground contamination discussed herein occurred, and at least

some of the oil and/or hazardous materials were spilled or released on and from the TEXACO

PROPERTY. At all times relevant herein DEFENDANT PEERLESS was and is, authorized to

do business and is doing business in State of New York, and DEFENDANT PEERLESS owned,

operated, managed, controlled and/or was liable for toxic pollution emanating from the

TEXACO PROPERTY located in Brooklyn, New York.

399. Upon information and belief, defendant Roux Associates Inc. (hereinafter referred

to as “DEFENDANT ROUX”) is a New York Corporation with its corporate headquarters in

Islandia, New York. DEFENDANT ROUX by contract, or gratuitously, undertook to test,

evaluate, remediate, eliminate, contain, and/or clean-up the oil and oil products spilled or

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released by the other DEFENDANTS. DEFENDANT ROUX has acted negligently or otherwise

wrongfully in testing, evaluating, remediatiing, eliminating, containing and/or cleaning-up oil

and oil products. DEEFENDANT ROUX has sought and received compensation for undertaking

such actions. At all times relevant herein DEFENDANT ROUX was and is, authorized to do

business and is doing business in State of New York.

400. Upon information and belief, defendant JOHN and JANE DOES 1 through 100,

inclusive, and each of them (hereinafter all said defendants will collectively and singularly be

referred to as “DOE DEFENDANTS”), are corporations or other entities and/or individuals

organized and existing under and by virtue of one of the states of the United States, or by a

foreign state and/or country, and authorized to do business and doing business in the State of

New York. Plaintiffs are unaware of the true names and capacities whether individual,

corporate, associate, or otherwise, of DOE DEFENDANTS sued herein as DOES 1 through 100,

inclusive, and therefore sue said defendants by such fictitious names. Plaintiffs will seek leave

of the court to amend this complaint to allege the true names and capacities of said fictitiously

named defendants when the same have been ascertained. Said defendants are sued as principals,

and all of the acts performed by them as agents, servants and employees were performed within

the course and scope of the authority and employment.

401. Upon information and belief, some or all of the defendants named herein and the

DOE DEFENDANTS (collectively hereinafter referred to as “DEFENDANTS”) are the agent,

partner, manager, or controlling entity of the other DEFENDANTS, and in doing the things

hereinafter alleged each were and are acting within the course and scope of such agency,

partnership, management or control with the full knowledge and consent of the other

DEFENDANTS, and that at all times all agents of DEFENDANTS acted with the advanced

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knowledge or under the direction or with the ratification of corporate officers who had the ability

to bind the corporation.

402. Upon information and belief, each of the DEFENDANTS are responsible,

negligently, intentionally and/or in some actionable manner, for the events and happenings

referred to herein, and caused and continue to cause injuries and damages legally thereby to

plaintiffs, as alleged, either through each DEFENDANT’S own conduct or through the conduct

of its agents, servants or employees, or due to the ownership, maintenance or control of the

instrumentality causing them injury, or in some other actionable manner.

403. At the time of DEFENDANTS’ acts complained of herein, plaintiffs PATRICIA

BAUMBACH, an individual, AB JEWEL ASSOCIATES INC., a corporation, AB NORMAN

ASSOCIATES INC., a corporation, ANOROC REALTY INC., a corporation, GINA

ARGENTO, an individual, TERESA BAGINSKI, an individual, ALICE BAJNO, an individual,

WOJCIECH BAJNO, an individual, MARIA BALUKA, an individual, STANISLAW

BALUKA, an individual, DAWNBAUER, an individual, PAWEL BEDNAREK, an individual,

VIRGINIA BEDNAREK, an individual, CHARLOTTE BEETZ, an individual, 97 BERTMAN

TRUST, a corporation, ENEIDA BELLARO, an individual, STEVEN BELLARO, an individual,

THOMAS BENNETT, an individual, VIRGINIA BENNETT, an individual, JAWIGA

BERTMAN, an individual, ANDRZEJ BIELECKI, an individual, BRACK BIVINS, an

individual, PAMELA BLAKE, an individual, RONALD BLENDERMAN, an individual, AURA

BOBADILLA, an individual, PATRICIA BOYLE, an individual, DEBORAH BRADY, an

individual, JAMES BRADY, an individual, WIESLAW BRASZKA, an individual, BEBI

BRIENZA, an individual, MICHAEL BRIENZA, an individual, KEARA BROWNE, an

individual, PATRICK BROWNE, an individual, GRACE BRUGALETTA, an individual,

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CHRISTINE BRZEZINSKI, an individual, DONALD BUDDENHAGEN, an individual,

ELLEN BUDDENHAGEN, an individual, JENNIE BULGER, an individual, JOSEPH

BULGER, an individual, PREMEK BUREK, an individual, WLADYSLAW BUREK, an

individual, MARIAN BURKE, an individual, KEVIN CAHILL, an individual, MARIA

CAHILL, an individual, KATHERINE WEILUNSKI CAMPBELL, an individual, CARMEN

CARDEN, an individual, JOHN M. CARDEN, an individual, CHRISTOPHER CARDILLO, an

individual, JONAH CARDILLO, an individual, CAROL CARRION, an individual, JOHN

CARRION, an individual, KENNETH CHARLES, an individual, VIRGINIA CHARLES, an

individual, MICHELE CHESNICKA, an individual, DOROTHY CHIAINO, an individual,

MARCO CHIERICHELLA, an individual, MICHELLE CHIERICHELLA, an individual,

ROCCO CHIERICHELLA, an individual, ROCCO M. CHIERICHELLA, an individual,

CHRISTOPHER CHMARZEWSKI, an individual, JANINA CHMARZEWSKI, an individual,

DANIEL CHMIELEWSKI, an individual, JAN CHMIEWLEWSKI, an individual, REGINA

CHMIEWLEWSKI, an individual, REGINACHOINSKI, an individual, STANISLAW

CHOINSKI, an individual, MIECZYSLAW CIELEPAK, an individual, ALLISON CONLON,

an individual, MAUREEN CONLON, an individual, MICHAEL CONLON, an individual,

ROBERT CONLON, an individual, ANNA CONNELLY, an individual, JOHN CONNELLY,

an individual, ROBERT CUMBERLAND, an individual, GERALDINE CURTIN, an individual,

WILLIAM CURTIN, an individual, EDWARD DABROWSKI, an individual, JOLANTA

DABROWSKI, an individual, GARRY DAVENPORT, an individual, MARION DAVERIN, an

individual, ALICE DEDONA, an individual, ANTHONY DEDONA, an individual, ANTHONY

DEDONA, JR., an individual, COURTNEY DEDONA, an individual, JILLIAN DEDONA, an

individual, ANTHONY DEDONA, an individual, JACQUELINE DEDONA, an individual,

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MIKE DEIGNAN, an individual, VERONICA DEIGNAN, an individual, CATHERINE

DEMPSEY-BROWNE, an individual, GEORGE DIACUMAKOS, an individual, WILLIAM

DIFAZIO, an individual, CHRIS DILLON, an individual, ROBIN DILLON, an individual,

JUDITH DOHRMAN, an individual, OLGA DONADIO, an individual, DIAMOND STREET

PROPERTIES, INC., a corporation, ROMUALD DYMKOWSKI, an individual, ANNA

FAGAN, an individual, CHRISTOPHER FAGAN, an individual, KATHLEEN FERGUSON, an

individual, MICHAEL FERGUSON, an individual, PATRICIA FERGUSON, an individual,

EUGENE FERRIS, an individual, CHRISTINE FICO, an individual, WACLAW

FILIPKOWSKI, an individual, ZOFIA FILIPOWICZ, an individual, CATHERINE FINNEY, an

individual, TOM FINNEY, an individual, DANIELLE FOSTER, an individual, DIANE

FOSTER, an individual, EARL FOSTER, an individual, EDWARD FOX, an individual,

ELENORE FOX, an individual, CHARLES FRIEDMAN, an individual, NANCY

FRIEDEMANN, an individual, DANNY FUDJINSKI, an individual, LAURA FUDJINSKI, an

individual, CELINA GARBOWSKI, an individual, KAZIMIERZ GARBOWSKI, an individual,

IRENA GEIRALTOWSKA, an individual, GEORGE GEIST, an individual, JOHN GEIST, an

individual, ROBERT GERMINO, an individual, JOHN GESUALDI, an individual, MILDRED

GESUALDI, an individual, EWA GIERNICKI, an individual, MAREK GIERNICKI, an

individual, ELIZABETH GIFFORD, an individual, FRANCO GIGANTE, an individual,

LESLIE RAGO GIGANTE, an individual, SERAFINA GIGANTE, an individual, KADAR

GOBIN, an individual, JADWIGA GOLASZEWSKI, an individual, JERZY GOLASZEWSKI,

an individual, KRZYSZTOF GOLASZEWSKI, an individual, ROBERT GOLASZEWSKI, an

individual, NATALIA GORSKA, an individual, MARCIN WOJCJECH GORSKI, an individual,

REGINA GORSKA, an individual, BLANCA GRANADOS, an individual, ADAM GRODZKI,

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an individual, ANNA GRODZKI, an individual, DANIEL GRODZKI, an individual,

MIROSLAW GRODZKI, an individual, KRYSTYNA GROMEK, an individual, MICHAEL

GUIDO, an individual, VITO GUIDO, an individual, EVELYN HAN, an individual, FRANK

HAN, an individual, F. JONATHAN HAN, an individual, JACKIE HAN, an individual,

JENNIFER HAN, an individual, MICHELLE HAN, an individual, ERIC HARTLEY, an

individual, IWONA HARTLEY, an individual, EVAN HAUSE, an individual, MAUREEN

HAUSE, an individual, SUSANNA HELLER, an individual, TRACY HENEBERGER, an

individual, MARY HERBAN, an individual, MARY HERLING-NILSSON, an individual,

ANREW J. HOLOWACZ, an individual, CHRISTINE HOLOWACZ, an individual,

HUMBOLDT ENTERPRISES, LLC, a limited liability company, JOHN INNAMORATO, an

individual, VICTORIA INNAMORATO, an individual, GIUSEPPE IULIANO, an individual,

HENRYK JABLONOWSKI, an individual, MALGORZATA JABLONOWSKI, an individual,

WALTER JAMES, an individual, WLADYSLAWA JAMES, an individual, BARBARA

JANANIS, an individual, STANISLAW JANANIS, an individual, ANDRZEJ KACPERSKI, an

individual, ZOFIA KACPERSKI, an individual, ANDREZEJ KAMINSKI, an individual,

KRZYSZTOF KAPICA, an individual, MIKE KAWOCHKA, an individual, JAMES KEELEY,

an individual, HELEN KERWICK, an individual, ANDRZEJ KIELBIOWSKI, an individual,

ANNA KIELBIOWSKI, an individual, IWONA KIELBIOWSKI, an individual, JOSEPH

KIELBIOWSKI, an individual, KINGSLAND REALTY, a company, KINGSLAND REALTY

LLC, a limited liability company, LUCJA KISELOW, an individual, BRIAN KLEM, an

individual, MALGORZATA KLEWINOWSKI, an individual, ZENON KLEWINOWSKI, an

individual, MARK KLICH, an individual, ROZA KLICH, an individual, IRENA KLUZ, an

individual, EDWARD KNAPIK, an individual, KATARZYNA KNAPIK, an individual,

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MONIKA KNAPIK, an individual, CHARLES KOEHLER, an individual, CZESKAINA

KONONCZYK, an individual, PIOTR KONONCZYK, an individual, TERESA KOSINSKI, an

individual, DOROTA KOST, an individual, EWA KOSZOWSKA, an individual, ELIZABETH

KOVACINY, an individual, JERZY KOWALIK, an individual, SABINA KOWALIK, an

individual, ANTONI KOZIKOWSKA, an individual, HALINA KOZIKOWSKA, an individual,

KREGER TRUCK RENTING CO. INC., a corporation, ANDRZEJ KRUKOWSKI, an

individual, JOANNA KRUKOWSKA, an individual, ROBERT KUCZMARA, an individual,

JEFF KULIKOWSKI, an individual, PATRICIA KULIKOWSKI, an individual, JANUSZ

KUKULA, an individual, PATRICIA LEWIS, an individual, STEPHEN LEWIS, an individual,

ADAM LOMOTOWSKI, an individual, AGNES LOMOTOWSKI, an individual, IRENA

LOMOTOWSKI, an individual, STANISLAW LOMOTOWSKI, an individual, ROBERT

MALDONADO, an individual, MIROSLAW MALINOWSKI, an individual, MALGORZATA

MARCZAK, an individual, MATEUSZ MARCZAK, an individual, IVAN MARKOVICH, an

individual, SMILIA MARKOVITCH, an individual, MARY MARSH, an individual, JACLYN

MARTINEZ, an individual, PABLO MARTINEZ, an individual, PAUL MARTINEZ, an

individual, ROSA MARTINEZ, an individual, ROSALIE MARTINEZ, an individual, HENRYK

MAYCHRZAK, an individual, SUSAN MAYR, an individual, JOANN MCERLEAN, an

individual, ROBERT MCERLEAN, an individual, ANTOINETTE MCLAUGLIN, an

individual, EILEEN MCLAUGHLIN, an individual, TRACY MERCKLING, an individual,

ROBERT MIHALKO, an individual, JADWIGA MIHATOV, an individual, MARIA

MIKOLAJCZYK, an individual, JOANN MIKULAK, an individual, WILLIAM MIKULAK, an

individual, MILL PAPER BOX, company, CELINA MITCHELL, an individual, GIRARD

MITCHELL, an individual, LEONARD MLECZKOWSKI, an individual, NATALIE MOORE,

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an individual, 540 MORGAN REALTY LLC, a limited liability company, EWA MOSCICKA,

an individual, PIOTR MOSCICKI, an individual, BOGDAN MROCZKOWSKI, an individual,

JANINA MROCZKOWSKI, an individual, ELIZABETH NEMETH, an individual, THOMAS

NEMETH, an individual, IVANA NIKOLIC, an individual, JEANETTE NILSSON, an

individual, JEFF NILSSON, an individual, MARYELLEN NOROWSKI, an individual,

RICHARD NOROWSKI, an individual, 275 NORTH HENRY PROPERTIES, INC., a

corporation, ALICJA O’CONNOR, an individual, MICHAEL O’CONNOR, an individual,

CAROL O’NEILL, an individual, DANIEL O’NEILL, an individual, PAUL O’NEIL, an

individual, MARTIN O’REILLY, an individual, PATRICIA O’REILLY, an individual, ROGER

OWENS, an individual, ROBERT PACZKOWSKI, an individual, JOE PAGANO, an individual,

LAURA PAGANO, an individual, IAN PANTELEONE, an individual, LINDA PANTELEONE,

an individual, LINDA G. PANTELEONE, an individual, LOUIS PANTELEONE, an individual,

LOUIS PANTELEONE – AS ATTORNEY IN FACT FOR SYLVIA PANTELEONE, an

individual, JEANNIE PAPAVERA, an individual, CYNTHIA PARCIAK, an individual,

WIESLAW PARCIAK, an individual, ROSEMARIE PAWLIKOWSKI, an individual, ADAM

PEDOTA, an individual, JANE PEDOTA, an individual, PEREZ INTERBORO ASPHALT CO.,

INC., a corporation, ALICIA PEREZ, an individual, GEORGE L. PEREZ, an individual, LUIS

M. PEREZ, an individual, NANCY PETRULLO, an individual, ROBERT PETRULLO, an

individual, CECYLIA PIENEZYKOWSKA, an individual, RENATE PIRRO, an individual,

KATHLEEN PORUCZNIK, an individual, THOMAS PORUCZNIK, an individual, ALFRED

PROTO, an individual, MARIA PROTO, an individual, EDWARD QUACKENBUSH, an

individual, ERIN QUACKENBUSH, an individual, MAUREEN QUACKENBUSH, an

individual, JOHN RIESS, an individual, KARI RIESS, an individual, ANGEL RIOS, an

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individual, CARMEN RIOS, an individual, MARIE RIVERS-PELLEGRINO, an individual,

OLGA ROACH, an individual, ROBERT ROACH, an individual, THOMAS ROACH, an

individual, ANIBAL RODRIQUEZ, an individual, DONNA RODRIGUEZ, an individual,

BOZENA ROGALSKA, an individual, ELWIRA ROGOZIA, an individual, JOHN ROGOZIA,

an individual, ALEX ROKOWSKY, an individual, LEAH ROSS, JANINA ROSZKOWSKA, an

individual, LAURANN RUFRANO, an individual, LEWIS RUFRANO, an individual, ALICJA

SADOWSKA, an individual, PAULINA SADOWSKA, an individual, TOMMASO SANTINO,

an individual, EDITH SCHKRUTZ, an individual, CLAUS SCHOENWIESE, an individual,

SDK REALTY LLC, a limited liability company, SARAH SEWARD, an individual,

BARBARA SKORNIEWSKA, an individual, ELIZABETH SKOWRONSKI, an individual,

CHRISTINE STEFFEN, an individual, DONNA STEFFEN, an individual, ALICE STONE, an

individual, TOM STAGG, an individual, EUGENE STARKY, an individual, ZBIGNIEW

STASIEWICZ, an individual, ANNA STEFANOWICZ, an individual, BOGDAN STEFANSKI,

an individual, MALGORZATA STEFANSKI, an individual, ALICE STONE, an individual,

DOREEN SUDANO, an individual, WINCENTY SURDYKA, an individual, ADAM

SUTOWSKI, an individual, DOROTHY SWICK, an individual, RAYMOND SWICK, an

individual, FELICYA SZACKI, an individual, MARY SZCZECH, an individual, CAROL

SZUMSKI, an individual, JAN TABOR, an individual, JOZEFA TATARYNOWICZ, an

individual, WALTER TATARYNOWICZ, an individual, JAMES TINISKI, an individual,

NAEMI TINISKI, an individual, KENNETH TOGLIA, an individual, MORGANA TOGLIA, an

individual, ANNA TOKARSKI, an individual, PAUL TOKARSKI, an individual, SUZANNE

TOMATORE, an individual, DANUTA TOMCZAK, an individual, KRZYSZTOF TOMCZAK,

an individual, THOMAS TOMCZAK, an individual, YVETTE TOMCZAK, an individual,

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ALFREDO TORRES, an individual, DOREEN TORRES, an individual, EUGENE TORRES, an

individual, TINA TORRES, an individual, ANDREW TUOMEY, an individual, STEPHANIE

TUOMEY, an individual, BRUCE VANACOUR, an individual, JACQUELINE VARANO, an

individual, ANTHONY VESPOLE, an individual, VINCENT VESPOLE, an individual, DIANE

FORMATO-VITOLO, an individual, RAYMOND VITOLO, an individual, ANDREW J.

WASHACK, an individual, ROSALIE WASHACK, an individual, ROMUALDA

WASILEWSKI, an individual, ANDRZEJ WASZAKOWSKI, an individual, RUDOLPH

WECHSLER, an individual, BARBARA WENZEL, an individual, CHRISTINE WENZEL, an

individual, MICHAEL WENZEL, an individual, BEATRICE WOLERT-WEESE, an individual,

ERIK WEESE, an individual, AMY WIELUNSKI, an individual, PAUL WIELUNSKI, an

individual, MADELINE WIERZBICKY, an individual, BARBARA WIERZEL, an individual,

MADELINE WIERZL, an individual, GREGORY WOJNO, an individual, PHYLLIS WOJNO,

an individual, BARBARA WOLERT, an individual, MARZENA WOLERT, an individual,

VINCENT WOLERT, an individual, RICK WOODS, an individual, YUN WOODS, an

individual, TADEUSZ ZAGORSKI, an individual, MAREK ZARZYCKI, an individual,

ANDRZEJ ZDUNCZYC, an individual, EWA DOROTA ZDUNCZYC, an individual, and

KATARZYNA ZDUNCZYC, an individual, at all relevant times, have or had owned property,

and/or have or had resided, within the vicinity of the EXXONMOBIL TERMINAL and BP

TERMINAL (collectively referred hereafter as the “TERMINALS”) and TEXACO PROPERTY.

Plaintiffs have each suffered injury and/or damage as a result of DEFENDANTS’ actions.

VENUE

404. This case is properly venued in this Court pursuant to CPLR § 503(a), due to the

residence of plaintiffs, pursuant to CPLR § 503(c), as DEFENDANT PEERLESS is a New York

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corporation with its primary office in Kings County, and pursuant to CPLR § 507 because the

judgment demanded would affect the possession, use or enjoyment of real property situated in

the County of Kings. The actions, injuries, and damages alleged herein occurred in Kings County,

New York,

JURISDICTION

405. This Court has personal jurisdiction over the DEFENDANTS as each of them are

doing business in New York and own property in New York such that it is reasonably foreseeable

that they would be subject to the jurisdiction of the courts of this state.

BACKGROUND

406. The Greenpoint area of Brooklyn, New York, has a long history of supporting both

industrial and residential property uses. This industrial history includes oil or petroleum refineries

and storage.

407. One such company that engaged in the business of refining and storing oil was

Standard Oil. Standard Oil owned the Greenpoint property including but not limited to the real

property bordered on the west by N. Henry Street, on the northeast and east by Newtown Creek,

and on south by Norman Avenue. This property includes the property referred to herein as the

EXXONMOBIL TERMINAL. After Standard Oil was broken up under anti-trust laws and after

a series of mergers, the business owning this real property was known as Mobil Oil Company.

408. Mobil sold portions of this land to other companies in the 1960’s but retained the

real property identified herein as the EXXONMOBIL TERMINAL. Mobil is now known as the

defendant referred herein as EXXONMOBIL and said defendant still owns, occupies and

controls the EXXONMOBIL TERMINAL and, until approximately 1994, used the

EXXONMOBIL TERMINAL for petroleum bulk storage.

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409. Another company engaged in the business of refining and storage of oil and

petroleum products was Amoco Oil Corporation. Amoco Oil Company purchased property in

Greenpoint from Mobil. This property is bordered on the east by Newtown Creek and the south

by Norman Avenue. This property has been owned, possessed, and controlled by Amoco Oil

Company since that purchase, though Amoco Oil Company is now known as BP PRODUCTS

NORTH AMERICA INC. (referred herein as DEFENDANT BP) after merging with British

Petroleum. The real property and facility located on such real property is referred to herein as

the BP TERMINAL.

410. A third relevant company engaged in the business of refining and storage of oil

and/or petroleum in Greenpoint was Paragon Oil. Paragon Oil owned and operated an oil

refinery and storage facility on real property previously identified herein as the TEXACO

PROPERTY. DEFENDANT TEXACO purchased Paragon Oil and with it, the TEXACO

PROPERTY. Thereafter, DEFENDANT TEXACO owned the TEXACO PROPERTY and

operated a business refining and/or storing petroleum and/or oil.

411. DEFENDANTS EXXONMOBIL, BP, TEXACO, PEERLESS, and DOES 1-100

(hereinafter collectively referred to as “DEFENDANTS”) so negligently stored, transported,

and/or disposed of, or willfully, wantonly, and intentionally spilled, disposed of, or otherwise

released the oil, petroleum, petroleum products, oil additives, petroleum additives, petroleum

product additives, gasoline, gasoline additives, including but not limited to lead, benzene,

toluene, xylene, kerosene, refinery oil, solvents, and other hazardous and toxic substances and

chemicals (hereinafter collectively referred to as “OIL AND OIL PRODUCTS”) so as to cause

severe contamination of the ground, soil, groundwater, and/or aquifer, and/or said

DEFENDANTS own or owned property upon which such actions and/or results occurred.

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412. In 1978, the Coast Guard discovered oil seeping out of the banks of Newtown

Creek in the area of DEFENDANTS’ properties in Brooklyn. The Coast Guard launched a

formal investigation and hired the firm Geraghty & Miller (hereinafter referred to as “G&M”) to

evaluate the spill.

413. G&M spent a year investigating the spill to determine its nature and origin. G&M

estimated that a 17 million gallon plume of OIL AND OIL PRODUCTS (hereinafter referred to

as the “PLUME”) extended under 55 acres of commercial, industrial, and residential Greenpoint

including the TERMINALS and TEXACO PROPERTY. The Coast Guard subsequently stated

that the PLUME may contain up to 30 millions gallons of OIL AND OIL PRODUCTS.

414. According to G&M, the spill likely migrated and would continue to migrate with

groundwater and by following underground conduits such as sewer pipes and the ancient bed of

the tidal creek.

415. G&M concluded that the majority of the spill most likely originated either at

DEFENDANT EXXONMOBIL’s EXXON TERMINAL or DEFENDANT BP’s BP

TERMINAL.

416. At or about the time of that the OIL AND OIL PRODUCTS were spilled,

disposed of, or otherwise released into ground, the TEXACO PROPERTY was being used to

store diesel fuel, kerosene, gasoline, fuel oil, etc., at a capacity of over six million gallons.

417. Accordingly to information released by DEFENDANT ROUX in 2005, there is

evidence that the source of the OIL AND OIL PRUDUCTS residing under the TEXACO

PROPERTY and migrating off of the TEXACO PROPERTY is the storage units formerly

owned, maintained, and used by Paragon Oil on the TEXACO PROPERTY.

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418. In the decade that followed the 1979 report, after the DEFENDANTS received

formal notice of the dangerous conditions created by their actions, little action, if any, was taken

by DEFENDANTS to eliminate, correct, and or remedy the PLUME or prevent its continued

migration.

419. After much delay, in 1990, DEFENDANT EXXONMOBIL entered into an

agreement to take action to remediate “on- and off-site” plumes. DEFENDANT

EXXONMOBIL continued to delay and fail to take action with respect to recovering OIL AND

OIL PRODUCTS that had migrated off the EXXONMOBIL TERMINAL, not even starting its

offsite remediation system until 1995. DEFENDANT EXXONMOBIL has continued to make

promises to the State environmental authorities and to the people residing near the plume that it

would diligently pursue a cleanup, but those promises have been broken.

420. DEFENDANT ROUX has undertaken to evaluate, remediate, eliminate, contain,

and/or clean-up the OIL AND OIL PRODUCTS in the PLUME. Over the several years since

DEFENDANT ROUX undertook such actions and responsibilities, ROUX has delayed, failed to

act, and/or failed to act in a reasonably diligent manner to perform such actions and

responsibilities. DEFENDANT ROUX was responsible to properly study the contamination and

design and implement plans for cleanup but did so in a negligent or otherwise wrongful manner

by, upon information and belief, among other things, designing sampling plans in a manner that

avoided revealing contamination and improperly or ineffectively remediating. DEFENDANT

ROUX’s past and continued failure to take reasonable actions to remediate, eliminate, contain,

and/or clean-up the OIL AND OIL PRODUCTS has caused and continues to cause plaintiffs

harm, injury and damages.

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421. DEFENDANT TEXACO has not taken any significant actions to eliminate,

correct, or remedy the OIL AND OIL PRODUCTS on the TEXACO PROPERTY.

423. DEFENDANT PEERLESS has not taken any significant actions to eliminate,

correct, or remedy the OIL AND OIL PRODUCTS on its property.

424. The remediation plans, if any, set forth by DEFENDANTS were and are

inadequate and insufficient given size of the spill and the present and historical migration.

DEFENDANTS have failed to exercise reasonable care to eliminate, correct, and/or remedy the

dangerous condition created by them and/or located upon their land.

425. DEFENDANTS have further intentionally delayed and chosen courses of action

patently adequate and unreasonable given the circumstances presented. The actions chosen and

taken by DEFENDANTS were with knowledge that such delay and minimal action would cause

the OIL AND OIL PRODUCTS to disburse and migrate off of the TERMINALS and TEXACO

PROPERTY and onto plaintiffs’ land and property. These actions have been undertaken with

actual malice and in wanton and willful and/or reckless disregard for plaintiffs’ rights, health,

and property.

426. As a result of DEFENDANTS’ negligent, willful, and/or wanton storage,

disposal, release of the OIL AND OIL PRODUCTS and hazardous and toxic substances into soil

and/or groundwater, and/or the subsequent and continuing failure to remediate or take reasonable

action to remediate the release and migration of said substances, there is contamination located

in or about various areas and neighborhoods of the Greenpoint, as well as surrounding

communities, which has migrated and continues to migrate throughout these areas and

neighborhoods and onto the properties of plaintiffs at dangerous levels, including at

concentration levels in excess of federal and/or state regulatory limits. In addition,

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DEFENDANTS’ failure to properly investigate, test and remediate the hazardous and toxic

substances on their own real properties continues to allow dangerous chemicals to migrate onto

plaintiffs’ properties.

427. The presence of DEFENDANTS’ hazardous materials including the OIL AND

OIL PRODUCTS in plaintiffs’ environment and on plaintiffs’ properties has resulted in

permanent and continuing harm to plaintiffs’ persons and properties.

428. As the OIL AND OIL PRODUCTS migrate from DEFENDANTS’ property

across other properties and onto plaintiffs’ properties, said OIL AND OIL PRODUCTS

continually come in contact with, mix with, and react to otherwise benign substances, materials,

chemicals. Such contacts, mixtures, and reactions foreseeably result in new, different and/or

additional hazardous materials entering upon, trespassing, and interfering with the rights of

plaintiffs as a result of DEFENDANTS’ actions.

429. Further, as the OIL AND OIL PRODUCTS age and decompose, they create by-

products and/or release noxious gases, fumes, and odors including methane. Such by-products

including methane rising through the soil becomes trapped under foundations, streets, and

driveways and creates a real and foreseeable risk of ignition and/or explosion, as well as

exposures to harmful toxins and odors.

430. On or about July 11, 2005, Riverkeeper, an independent environmental

organization, received results from sampling tests conducted on properties on and around the

PLUME. Said sampling results evidenced new information regarding elevated levels of methane

and benzene present in the soil above the groundwater plume and potentially causing vapor

intrusions into neighboring properties and into the ambient air. News of these results and this

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new information was first disseminated on or about July 13, 2005. This new information became

known to plaintiffs at some point thereafter.

431. On or about September 16, 2005, the New York State Department of

Environmental Conservation announced its approval of a work plan from DEFENDANT

EXXONMOBIL to sample soil gas at approximately 16 additional points in the Greenpoint area.

The purpose of the sampling was to determine if vapors from the PLUME are impacting indoor

air. DEFENDANT EXXONMOBIL started the investigation on or about September 19, 2005.

Plaintiffs have not received the results of such sampling. The sampling program, while needed

to assist in determining the harm being done by defendants, has a devaluing impact on plaintiffs’

properties.

432. At all times prior to September 2005, DEFENDANTS have stated and maintained

that the PLUME and/or the OIL AND OIL PRODUCTS were not affecting plaintiffs’ properties,

air, or health.

433. Due to the DEFENDANTS’ negligent handling of the OIL AND OIL

PRODUCTS, DEFENDANTS’ failure to avoid spilling, unsafe disposal, and/or release of said

toxic substances into environment, failure to adequately warn plaintiffs of the condition of their

property, and failure to act reasonably in eliminating, correcting, and/or remediating the

condition, DEFENDANTS, and each of them, are obligated to institute reasonable care and

compensation plans to halt, prevent and correct injuries to all plaintiffs, their physical and mental

well-being, their real and personal property, and their economic interests.

434. Due to their proximity to the TERMINALS and TEXACO PROPERTY, plaintiffs

would be, and are, foreseeably and unnecessarily injured by the discharge of DEFENDANTS’

OIL AND OIL PRODUCTS, failure to warn, and failure to exercise reasonable care to eliminate,

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correct, and/or remediate the dangerous condition created and maintained by DEFENDANTS on

and around the TERMINALS and TEXACO PROPERTY.

435. DEFENDANTS knowingly and negligently released or allowed to be released

toxic contaminants into the environment; and/or continue to allow the migration of toxic

chemicals into the environment on and around plaintiffs’ properties. Plaintiffs were and are

exposed to these toxic contaminants by ingestion, inhalation, and dermal exposure. Plaintiffs

have been and continue to be exposed to these toxic contaminants through dust dispersing

through the air into plaintiffs’ properties and surrounding communities; through the migration of

the contaminants through the water table and groundwater which percolates up through the soil

into the soil and the environment and into the plaintiffs’ homes through the vapor intrusion

pathway. In addition, plaintiffs have been exposed to these toxic contaminants through contact

with the soil.

436. The DEFENDANTS intentionally and/or negligently failed to adequately warn or

advise plaintiffs and other members of the public as to the nature, extent, composition, effects,

and location of the contamination, the fact that plaintiffs and their property were being exposed

to the contamination, that the nature of the contaminants and risks could change over time, and

that exposure to the contamination could cause adverse health effects.

437. The numerous egregious actions and incidents occurring at and near the

TERMINALS by DEFENDANTS constitute intentional and/or negligent breach of their duty of

reasonable care, and violations of state law. DEFENDANTS, through their negligent and/or

reckless acts, have repeatedly and unreasonably invaded each plaintiffs’ rights to possession and

undisturbed occupancy of their residences, have repeatedly trespassed by causing migration of

toxic contaminants onto plaintiffs’ real properties, have caused continuing damage to plaintiffs’

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persons and real and personal properties and have caused continuous injury to the land values of

those plaintiffs holding real property due to devaluation, resulting from negative publicity that

has unfairly injured their competitive status in home equity and re-sale value in relation to real

property owners similarly situated in areas outside of the areas affected by the PLUME and

contamination.

438. Each and every plaintiff has suffered and continues to suffer various types of

injuries due to the acts of the DEFENDANTS as herein before alleged. Plaintiffs, and each of

them, have, due to the acts of all the DEFENDANTS, suffered and continue to suffer sudden,

repeated and continual invasions of their rights of possession and to undisturbed occupancy of

their residences and living areas.

439. Those plaintiffs who own real property have, due to the acts of the

DEFENDANTS, suffered and continue to suffer stigma damages and injury due to the creation

of an unfair, competitive disadvantage by way of diminution of property value as compared with

similarly situated unaffected real property. This injury has resulted, in part, from the numerous

public interest reports in the printed press concerning the contamination.

440. Plaintiffs, due to the negligent and/or intentional acts of each of the

DEFENDANTS, have suffered and continue to suffer from the damage to the air, water and

subterranean soils around the TERMINALS, the TEXACO PROPERTY, and plaintiffs’ homes.

This dilemma further concerns plaintiffs in light of the anticipated risk of potentially injurious

and unhealthy vapors escaping through the surface of residential grounds and adjacent private

property.

441. Plaintiffs have, due to the acts of each of the DEFENDANTS, suffered and

continue to suffer from the general diminution in the aesthetic qualities of their homes and the

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area in which they reside, caused by the total compounded effect of all of the above-described

circumstances, causing injury to the visual, audible and physically sensible environment of the

vicinity surrounding the TERMINALS and TEXACO PROPERTY.

442. In order to compensate plaintiffs for damages suffered due to DEFENDANTS’

acts, each plaintiff requires, among other things, that DEFENDANTS, and each of them, pay the

past and future costs of obtaining necessary medical care, toxicological examinations and

diagnoses, and any other medical monitoring necessary in order to ascertain and treat the nature

and extent of the injuries suffered due to the contamination emanated from the PLUME, with

plaintiffs retaining freedom of choice relative to choosing their experts. Many of these costs

would not be covered by plaintiffs’ health care insurers, and if covered, may unfairly result in

increased premiums.

443. Further, plaintiffs seek compensation for: the diminution in the economic value of

their personal and real property; residential soil and air space testing and monitoring; cleanup,

removal and remediation of any and all contamination of plaintiffs’ properties including the costs

of investigation and testing of plaintiffs’ properties; repairs to real property damaged by

DEFENDANTS; other damages; and attorneys’ fees and costs as allowed by law.

444. Further, plaintiffs seek injunctive relief as allowed by law and required by justice,

including, but not limited to, an order compelling DEFENDANTS to take specific actions to

cleanup, remediate, and/or correct the PLUME.

445. To the extent that DEFENDANTS’ OIL AND OIL PRODUCTS have

commingled, DEFENDANTS are jointly and severally liable for the damages from

contamination in this case.

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AS AND FOR A FIRST CAUSE OF ACTION(Negligence as to Defendants EXXONMOBIL, BP, TEXACO,

PEERLESS, and DOES 1 through 100)

446. Plaintiffs hereby refer to and incorporate by reference Paragraphs 1 though 445 as if

fully restated herein.

447. DEFENDANTS failed to employ reasonable care which a reasonably prudent

person should use under the circumstances by storing, transporting, disposing of, or otherwise

releasing into the ground between 17 and 30 million gallons of OIL AND OIL PRODUCTS.

448. DEFENDANTS, and each of them, owed plaintiffs a cognizable duty to exercise

reasonable care in the storage, transportation, and disposal of the OIL AND OIL PRODUCTS

and the maintenance their tools and equipment used for such acts.

449. Upon learning of the release of the OIL AND OIL PRODUCTS DEFENDANTS

owed plaintiffs a duty act reasonably to remediate, contain, and eliminate the spill before it

injured plaintiffs and their property and/or to act reasonably to minimize the damage to plaintiffs

and their property.

450. DEFENDANTS failed to exercise that duty by failing to act reasonably in the

storage, transportation, disposal and release of the OIL AND OIL PRODUCTS. Further

DEFENDANTS failed to take reasonable, adequate and sufficient steps or action to eliminate,

correct, or remedy the spill after it occurred.

451. Plaintiffs suffered foreseeable injuries and damages as a proximate result of said

failure. At the time DEFENDANTS breached their duties to plaintiffs, DEFENDANTS acts

and/or failures to act posed recognizable and foreseeable possibilities of danger to plaintiffs so

apparent as to entitle plaintiffs to be protected against such actions or inactions.

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452. Accordingly, plaintiffs seek damages from DEFENDANTS, in an amount to be

determined at trial, directly resulting from the their injuries in a sufficient amount to compensate

them for the injuries and losses sustained and to restore plaintiffs to their original position,

including, but not limited to the difference between the current value of their properties and such

value if the harm had not been done, the cost of repair or restoration, the value of the use of the

continuous trespass, injuries to persons, and consequential damages flowing from the trespass

which are the natural and proximate result of DEFENDANTS conduct in an amount to be proved

at trial.

AS AND FOR A SECOND CAUSE OF ACTION(Nuisance as to Defendants EXXONMOBIL, BP, TEXACO,




454. DEFENDANTS have maintained and continue to maintain a condition on their

properties that is an illegal burden and/or servitude on plaintiffs’ properties. DEFENDANTS’

wrongful actions in the creation of the contamination, maintenance of their land and the PLUME,

and failure to reasonably abate, minimize or remediate the PLUME resulting in migration of OIL

AND OIL PRODUCTS onto plaintiffs’ properties’, creation of noxious fumes, gases and odors,

and the risk of explosion, injures and/or annoys plaintiffs in their enjoyment of their legal rights

and quality of life. Such conditions constitute an ongoing specific, particular and unique burden

on the plaintiffs’ persons and their property.

455. Such wrongful acts by DEFENDANTS in the maintenance and use of their land

and failure to remediate the contamination was and is a foreseeable and proximate cause of

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injury, discomfort, annoyance, inconvenience, and/or damage to plaintiffs themselves and their

property.

456. DEFENDANTS’ conduct is the legal cause of the intentional, unreasonable,

negligent, and/or reckless invasion of plaintiffs’ interests in the private use and enjoyment of

their land. Such actions’ tendency is to create danger and inflict injury upon person and

property.

457. DEFENDANTS’ conduct in performing acts or failing to act has caused one or

more substantial, unreasonable, and intentional interference with plaintiffs’ right to use and enjoy

their property as discussed above.

458. Accordingly, plaintiffs seek general damages from DEFENDANTS, in an amount

to be determined at trial, directly resulting from the their injuries in a sufficient amount to

compensate them for the injuries and losses sustained by plaintiffs and to restore plaintiffs to

their original position, including, but not limited to the difference between the current value of

their properties and such value if the harm had not been done, the cost of repair or restoration,

the value of the use of the continuous trespass, injury to persons, and direct and consequential

damages flowing from the nuisance and trespass which are the natural and proximate result of

DEFENDANTS conduct in an amount to be proved at trial.

AS AND FOR A THIRD CAUSE OF ACTION(Premises Liability as to Defendants EXXONMOBIL, BP, TEXACO,




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460. DEFENDANTS, and each of them, acted with a lack of reasonable care which an

ordinary prudent person would use under the circumstances which caused foreseeable damage to

plaintiffs.

461. DEFENDANT EXXONMOBIL and DEFENDANT BP owned and continue own,

occupied and continue to occupy, and controlled and continue to control the real property

referred to as the EXXONMOBIL TERMINAL and BP TERMINAL, respectively.

DEFENDANT TEXACO owned, occupied, and controlled the TEXACO PROPERTY at the

time of the spill or release of OIL AND OIL PRODUCTS. DEFENDANT PEERLESS owns,

occupies, and controls the TEXACO PROPERTY and has owned, occupied and controlled said

property for several years.

462. DEFENDANTS owned, occupied, controlled and/or still own, occupy and control

their real property in such a way as to create and/or maintain and continue a dangerous and/or

hazardous condition.

463. At all times mentioned herein, DEFENDANTS had knowledge and/or notice of

the dangerous condition that the OIL AND OIL PRODUCTS and the PLUME presented and

failed to take reasonable acts to cleanup, correct, or remediate that condition.

464. Plaintiffs have suffered foreseeable injury and damages proximately caused by the

negligent creation and/or maintenance of the dangerous condition by DEFENDANTS.

465. DEFENDANTS owed a duty to plaintiffs and those similarly situated to refrain

from creating and/or maintaining a dangerous condition on DEFENDANTS’ properties that was

reasonably foreseeable to injure plaintiffs and/or their real property.

466. Additionally, DEFENDANTS owed a duty to plaintiffs and those similarly

situated to take reasonable action to eliminate, correct, or remedy any dangerous condition

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existing on DEFENDANTS’ property that was reasonably foreseeable to injure plaintiffs and/or

plaintiffs’ real property, and of which they had knowledge and/or notice.

467. Additionally, DEFENDANTS owed a duty to plaintiffs and those similarly

situated to warn of a particular hazard arising out of a condition on DEFENDANTS’ property

and/or DEFENDANTS’ maintenance of their property that was reasonably foreseeable to injure

plaintiffs and/or their real property and of which DEFENDANTS had knowledge and/or notice.

468. Further, DEFENDANTS owed a duty to plaintiffs and those similarly situated to

exercise reasonable care and skill in the construction, maintenance, use or management of their

property to prevent a structure, appurtenance, or condition thereon from endangering the

neighboring premises and occupants.

469. DEFENDANTS owed a duty to plaintiffs and those similarly situated to exercise

reasonable care to keep dangerous substances such as OIL AND OIL PRODUCTS from being

discharged or allowed to escape, enter surrounding properties, and cause injury and damage.

470. DEFENDANTS have breached these duties, and each of them, by negligently,

willfully, and/or wantonly creating a dangerous condition on their property by allowing massive

quantities OIL AND OIL PRODUCTS to be spilled, disposed of, or otherwise released into the

ground, soil, groundwater and/or aquifer on their property. This dangerous condition is

reasonably foreseeable to cause injury and damage to plaintiffs and their property due to the size

and nature of the spill and the proximity of plaintiffs and their properties.

471. DEFENDANTS have further breached their duty by continuing and maintaining

this dangerous condition on DEFENDANTS’ property that was reasonably foreseeable to injure

plaintiffs and/or their real property.

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472. DEFENDANTS breached their duty to plaintiffs and those similarly situated by

failing to take reasonable actions under the circumstances to warn of a particular hazard arising

out of a condition on DEFENDANTS’ property and/or DEFENDANTS’ maintenance of their

property that was reasonably foreseeable to injure plaintiffs and/or their real property and of

which they had knowledge and/or notice.

473. DEFENDANTS breached their duty to plaintiffs and those similarly situated by

failing to exercise reasonable care and skill in the construction, maintenance, use or management

of their property to prevent a structure, appurtenance, or condition thereon from endangering the

neighboring premises and occupants. Specifically, DEFENDANTS negligently, willfully, and/or

wantonly allowed massive quantities OIL AND OIL PRODUCTS to be spilled, disposed of, or

otherwise released into the ground, soil, groundwater and/or aquifer on their property.

474. DEFENDANTS further breached their duty to plaintiffs and those similarly

situated by failing to exercise reasonable care and by maintaining their property in such a

condition as to allow and fail to prevent millions of gallons of OIL AND OIL PRODUCTS

degrade, mix with other chemicals, and escape from their property and enter onto and under

plaintiffs’ property.

475. The above-described breaches endangered, injured, and damaged the neighboring

premises and occupants. Such a dangerous condition is reasonably foreseeable to cause injury

and damage to plaintiffs and their property.

476. DEFENDANTS breach caused dangerous and hazardous OIL AND OIL

PRODUCTS onto plaintiffs’ land and caused noxious gases, fumes and odors to emanate from

their soil and homes. Accordingly, this breach has caused plaintiffs injury to their persons and

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property that is certain, substantial, and this resulting condition interferes with plaintiffs’

physical comfort.

477. Accordingly, plaintiffs seek general damages from DEFENDANTS, in an amount


compensate them for the injuries and losses sustained, and to restore plaintiffs to their original

position, including, but not limited to the difference between the current value of the land and

such value if the harm had not been done, the cost of repair or restoration, the value of the use of

the continuous trespass, injury to persons, and the direct and consequential damages flowing

from the trespass and resulting condition which are the natural and proximate result of

DEFENDANTS conduct in an amount to be proved at trial.

AS AND FOR A FOURTH CAUSE OF ACTION(Trespass as to Defendants EXXONMOBIL, BP, TEXACO,




479. DEFENDANTS EXXONMOBIL, BP, TEXACO, PEERLESS, and DOES 1-

100’s negligent, willful, and/or wanton actions and/or intentional failures to act caused between

17 and 30 million gallons of OIL AND OIL PRODUCTS to be spilled, disposed of, or otherwise

released into the ground, soil, groundwater, and aquifer on DEFENDANTS’ real property.

480. DEFENDANTS’ willful, wanton, and intentional failure to act and/or their

affirmative choice of action and following course of action caused the OIL AND OIL

PRODUCTS to enter and trespass upon the land and realty of the plaintiffs and cause an injury to

their possession and/or right of possession.

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481. DEFENDANTS took affirmative, voluntary, and intentional actions to store

and/or transport OIL AND OIL PRODUCTS in leaking or faulty containers and/or intentionally

disposed of OIL AND OIL PRODUCTS into the ground. Further, after such acts,

DEFENDANTS undertook affirmative, voluntary, and intentional acts that were insufficient to

remedy the condition caused by the release of the OIL AND OIL PRODUCTS.

482. At the time that the above described affirmative, voluntary, and intentional acts

were performed DEFENDANTS had good reason to know or expect that the millions of gallons

of OIL AND OIL PRODUCTS would pass through the soil, groundwater, and aquifer from

DEFENDANTS’ land to the land of plaintiffs and the neighboring properties.

483. The above-described affirmative, voluntary, and intentional acts were performed

with the willful intent to cause the OIL AND OIL PRODUCTS to be disbursed through the soil,

groundwater, and aquifer onto the land and property of plaintiffs and the neighboring properties.

484. These voluntary actions resulted in the immediate and continued trespass, injury

and damage to plaintiffs, their property and their right of possession of their property.

485. Further, DEFENDANTS actions in disposing of massive amounts of OIL AND

OIL PRODUCTS into the ground were done with actual malice, and in wanton and willful

and/or reckless disregard for plaintiffs’ rights, health and property.

486. Additionally and/or alternatively, DEFENDANTS’ decision to delay and resulting

delay in taking any affirmative action to eliminate, correct, and/or remedy the contamination of

the soil, groundwater, and aquifer on their properties after having knowledge and notice of said

contamination were done with actual malice, and in wanton and willful and/or reckless disregard

for plaintiffs’ rights, health and property.

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487. Further, DEFENDANTS’ actions that were patently insufficient to eliminate,

correct, and/or remedy the contamination after having knowledge and notice of said

contamination were with actual malice and in wanton and willful and/or reckless disregard for

plaintiffs’ rights, health and property.

488. Based upon the above, plaintiffs seek general damages from DEFENDANTS, in

an amount to be determined at trial, directly resulting from the their injuries in a sufficient

amount to compensate them for the injuries and losses sustained by plaintiffs and to restore

plaintiffs to their original position, including, but not limited to the difference between the

current value of the land and such value if the harm had not been done, the cost of repair or

restoration, the value of the use of the continuous trespass, injury to persons, consequential

damages flowing from the trespass which are the natural and proximate result of DEFENDANTS

conduct, and exemplary or punitive damages.

AS AND FOR A FIFTH CAUSE OF ACTION(Strict Liability under Navigation Law Article 12 as to

Defendants EXXONMOBIL, BP, TEXACO, PEERLESS, and DOES 1 through 100)



490. DEFENDANTS EXXONMOBIL, BP, TEXACO, PEERLESS, and DOES 1-100

are and were persons who discharged, participated in actions constituting discharge, and/or are

otherwise dischargers of petroleum as defined by New York Navigation Law Article 12.

Additionally, DEFENDANTS are owners and/or operators of properties and/or facilities upon

which petroleum was discharged.

491. DEFENDANTS discharged petroleum and/or petroleum was discharged onto

properties owned, leased, occupied and/or otherwise controlled by DEFENDANTS.

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492. DEFENDANTS knew that OIL AND OIL PRODUCTS were stored on their

properties, and/or had reason to believe that OIL AND OIL PRODUCTS were stored on their

properties.

493. DEFENDANTS also knew and/or had reason to believe that millions of gallons of

OIL AND OIL PRODUCTS were stored or situated in the form of the PLUME on and/or under

their property. DEFENDANTS knew and/or had reason to believe that the OIL AND OIL

PRODUCTS on and under their properties were and are being released, leaking, spilling, and/or

otherwise being emitted onto or into state lands, waters, and plaintiffs’ properties and causing

injury and damage. Said OIL AND OIL PRODUCTS continue to be released and/or emitted

onto and into state lands, waters, and plaintiffs’ properties, causing injury and damage.

494. As a result of DEFENDANTS’ discharge of petroleum onto and into state lands,

waters, and plaintiffs’ properties, plaintiffs and their properties have been injured and damaged

and continue to suffer injury and damage.

495. Based upon the above, plaintiffs seek general damages from DEFENDANTS, in

an amount to be determined at trial, directly resulting from the their injuries in a sufficient

amount to compensate them for the injuries and losses sustained by plaintiffs and to restore

plaintiffs to their original position, including, but not limited to the difference between the

current value of the land and such value if the harm had not been done, stigma loss to property

value, the cost of cleanup, removal, repair, and/or restoration, the costs associated with cleanup

and removal including testing, monitoring and interpretation of such tests, relocation costs, the,

consequential damages flowing from discharge including attorneys’ fees and costs, which are the

natural and proximate result of DEFENDANTS conduct, and exemplary or punitive damages.

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AS AND FOR A SIXTH CAUSE OF ACTION FOR(Negligence as to Defendant ROUX)



497. DEFENDANT ROUX failed to employ reasonable care which a reasonably

prudent person should use under the circumstances while evaluating, remediating, containing,

eliminating and/or cleaning-up the OIL AND OIL PRODUCTS.

498. DEFENDANT ROUX undertook, either by contract or gratuitously to evaluate,

remediate, contain, eliminate, and/or clean-up the OIL AND OIL PRODUCTS.

499. DEFENDANT ROUX owed plaintiffs a cognizable duty to exercise reasonable

care in the evaluating, remediating, containing, eliminating and/or cleaning-up the OIL AND

OIL PRODUCTS and the maintenance their tools and equipment used for such acts.

500. DEFENDANT ROUX failed to exercise that duty by failing to act reasonably in

the evaluating, remediating, containing, eliminating and/or cleaning-up the OIL AND OIL

PRODUCTS. More specifically, DEFENDANT ROUX has failed to perform adequate and

appropriate testing in the appropriate locations, failed to create and implement a reasonable and

adequate plan for evaluating, remediating, containing, eliminating and/or cleaning-up the OIL

AND OIL PRODUCTS, and/or failed to take diligent action or took improper action and caused

significant delay in the remediation of the OIL AND OIL PRODUCTS.

501. Plaintiffs suffered foreseeable injuries and damages as a proximate result of said

failures. At the time DEFENDANT ROUX breached its duties to plaintiffs, DEFENDANT’S

acts and/or failures to act posed recognizable and foreseeable possibilities of danger to plaintiffs

so apparent as to entitle plaintiffs to be protected against such actions or inactions.

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502. Accordingly, plaintiffs seek damages from DEFENDANT ROUX, in an amount


compensate them for the injuries and losses sustained and to restore plaintiffs to their original

position, including, but not limited to the difference between the current value of their properties

and such value if the harm had not been done, the cost of repair or restoration, the value of the

use of the continuous trespass, injuries to persons, and consequential damages flowing from the

trespass which are the natural and proximate result of DEFENDANT’S conduct in an amount to

be proved at trial.

WHEREFORE, plaintiffs demand judgment against DEFENDANTS EXXONMOBIL,

BP, TEXACO, PEERLESS, ROUX, and DOES 1-100 as follows:

A. As and for plaintiffs’ First Cause of Action sounding in negligence, plaintiffs seek

general damages from DEFENDANTS, in an amount to be determined at trial, directly resulting

from the their injuries in a sufficient amount to compensate them for the injuries and losses

sustained and to restore plaintiffs to their original position, including, but not limited to the

difference between the current value of the land and such value if the harm had not been done,

the cost of repair or restoration, the value of the use of the continuous trespass, and consequential

damages flowing from the trespass which are the natural and proximate result of DEFENDANTS

conduct in an amount to be proved at trial.

B. As and for plaintiffs’ second cause of action sounding in nuisance, plaintiffs seek

general damages from DEFENDANT, in an amount to be determined at trial, directly resulting


sustained by plaintiffs and to restore plaintiffs to their original position, including, but not limited

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to the difference between the current value of the land and such value if the harm had not been

done, the cost of repair or restoration, the value of the use of the continuous trespass, and direct

and consequential damages flowing from the nuisance and trespass which are the natural and

proximate result of DEFENDANTS conduct in an amount to be proved at trial.

C. As and for plaintiffs’ third cause of action sounding in premises liability,

plaintiffs seek general damages from DEFENDANTS, in an amount to be determined at trial,

directly resulting from the their injuries in a sufficient amount to compensate them for the

injuries and losses sustained, and to restore plaintiffs to their original position, including, but not

limited to the difference between the current value of the land and such value if the harm had not

been done, the cost of repair or restoration, the value of the use of the continuous trespass, and

the direct and consequential damages flowing from the trespass and resulting condition which

are the natural and proximate result of DEFENDANTS conduct in an amount to be proved at

trial.

D. As and for plaintiffs’ fourth cause of action sounding in trespass, plaintiffs seek

general damages from DEFENDANTS, in an amount to be determined at trial, directly resulting


sustained by plaintiffs and to restore plaintiffs to their original position, including, but not limited

to the difference between the current value of the land and such value if the harm had not been

done, the cost of repair or restoration, the value of the use of the continuous trespass,

consequential damages flowing from the trespass which are the natural and proximate result of

DEFENDANTS conduct, and exemplary or punitive damages.

E. As and for plaintiffs’ fifth cause of action based upon New York Navigation Law,

plaintiffs seek general damages from DEFENDANTS, in an amount to be determined at trial,

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directly resulting from the their injuries in a sufficient amount to compensate them for the

injuries and losses sustained by plaintiffs and to restore plaintiffs to their original position,

including, but not limited to the difference between the current value of the land and such value

if the harm had not been done, stigma loss to property value, the cost of cleanup, removal, repair,

and/or restoration, the costs associated with cleanup and removal including testing, monitoring

and interpretation of such tests, relocation costs, the, consequential damages flowing from

discharge including attorneys’ fees and costs, which are the natural and proximate result of

DEFENDANTS conduct, and exemplary or punitive damages.

F. As and for plaintiffs’ Sixth Cause of Action sounding in negligence, plaintiffs seek

general damages from DEFENDANT ROUX, in an amount to be determined at trial, directly

resulting from the their injuries in a sufficient amount to compensate them for the injuries and

losses sustained and to restore plaintiffs to their original position, including, but not limited to

the difference between the current value of the land and such value if the harm had not been

done, the cost of repair or restoration, the value of the use of the continuous trespass, and

consequential damages flowing from the trespass which are the natural and proximate result of

DEFENDANT’S conduct in an amount to be proved at trial.

Plaintiffs seek such other and further relief as the Court deems to be in the interests of justice,

together with the costs and disbursements of this action.

Dated: New York, New York September 18, 2006

By:____________________________________ JUSTIN BLOOM, ESQ. 29 W. 70th St. Suite #2B New York, NY 10023 Telephone: (917) 991-7593 Facsimile: (928) 396-0677

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Girardi & Keese 1126 Wilshire Boulevard Los Angeles, CA 90017 Telephone: (213) 977-0211 Facsimile: (213) 481-1554

The Alpert Firm 85 Fourth Avenue New York, New York 10003 Telephone: (212) 420-9434 Facsimile: (212) 504-7988

Caufield & James LLP 2851 Camino Del Rio South, Suite 250 San Diego, California 92108 Telephone: (619) 794-3031 Facsimile: (619) 325-0231

Perlmutter & Gimpel, PLLC 260 Madison Avenue, Suite 1800 New York, NY 10016 Telephone: (212) 679-1990 Facsimile: (212) 679-1995

Attorneys for Plaintiffs

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