Bowitch & Coffey, LLC was established in June 2012 and brings almost 50 years of legal experience to its clients. Bowitch & Coffey provides legal advice and litigation services to a variety of businesses, insurance companies, municipalities and non-profit organizations.Read More
Our attorneys are admitted in all courts in New York State, all federal district and appellate courts within New York State, and the U.S. Supreme Court. We have represented a variety of businesses and individuals in a variety of civil litigation matters, ranging from small claims courts to New York’s Court of Appeals.Read More
Bowitch & Coffey provides counsel to municipalities on compliance with General Municipal Law, Public Officers Law and other laws. The firm advises municipalities on contaminated tax-delinquent properties; has represented municipalities in defense of third party claims; and has prosecuted subrogation claims for municipal clients.Read More
Bowitch Represents Livingston County in $20 Million Settlement of Salt Mine Collapse Case
A settlement will end a long-standing legal dispute over the potential contamination caused by a collapse of North America's largest salt mine in 1994, parties to the agreement said. New York state and upstate Livingston County will use the $20 million from the settlement with AkzoNobel Salt Inc. to protect groundwater supplies and monitor wells, according to state and county officials.
State Department of Environmental Conservation Commissioner Joseph Martens called the agreement "significant and unique" and "one of the largest of its kind for impacts to groundwater in New York state history."
Martens said the settlement was reached after years of negotiations between the state, county and the company.... Assistant Attorney General Timoth Hoffman signed the consent decree on behalf of the state. Gary Bowitch, member of Bowitch & Coffey in Albany, represented the county....... Read Full PDF Article).
AkzoNobel Inc. has proposed a $20 million settlement to Livingston County and New York State, that includes the dismantling of the company’s desalination plant in Cuylerville and would allow the company to end its obligations related to a mine collapse that occurred more than 20 years ago.
The settlement money would be divided into four escrow accounts, with Livingston County controlling three of the funds and $17 million. The money would be available for use in the area affected by the the 1994 collapse of AkzoNobel’s former Retsof salt mine, which included the towns of Leicester, York, Geneseo, Groveland, Mount Morris and Avon.
The remaining $3 million would be in a fund to be used by the State to continue subsidence testing and groundwater/well monitoring of the area affected by the mine collapse.
The desalination plant, which began pumping and treating highly saturated salt water from the flooded mine in 2006 to prevent it from entering a lower aquifer, would be dismantled and removed within six months.
The keys to the settlement, said Gary S. Bowitch, the environmental attorney retained by the County, are that it “calls for payment of money. It also requires that within six months’ time the plant be completely dismantled and equipment moved off and the site be restored to its previous condition.”
Some drainage and other pipes could remain in place, though that would be at the discretion of the town of Leicester, Bowitch said.... Read Full PDF Article).
When Must the Subrogating Carrier Give Deposition Testimony?
Last month’s newsletter discussed a case where Travelers Insurance brought a subrogation action against Daimler and others, involving an allegedly defective truck which caused a fire.  Last month’s column talked about the court’s ruling with respect to when, and how much, of a carrier’s file must be turned over during litigation.
A second issue which arose in that case concerned whether a representative of the subrogating carrier must give deposition testimony. In federal practice, where a party is a corporation, the opposing attorney serves a “Rule 30(b)(6)” notice setting forth the areas in which the party wants to ask questions and leaving it to the other side to designate a person who will testify as to the designated categories.