Lawsuit claims suppliers provided toxic fill for little league field project


Attorneys George C.D. Duke (Pictured left) and Agnes Antonian of Fox Rothschild LLP | Fox Rothschild LLP

The Landtek Group LLC has filed a lawsuit against Links Management Consultant Corp., DTA Equipment Rental Inc., and Anthony Petrone, alleging environmental violations.

According to the complaint, Landtek was contracted to install artificial turf at the Wantagh Little League field in New York. The base material for this project was supplied by Links Management Consultant Corp. and DTA Equipment Rental Inc. It was later discovered that the material was contaminated with substances including metals and pesticides. The New York State Department of Environmental Conservation (NYSDEC) confirmed the contamination following inspections and laboratory analysis.

Landtek asserts that it has incurred approximately $98,750 in unreimbursed costs for investigating and remediating the site, with additional costs expected. The company anticipates potential penalties from NYSDEC totaling up to $75,000. The lawsuit seeks reimbursement for these costs and a declaratory judgment assigning liability to the defendants for any future expenses associated with the site.

The complaint alleges that Links Management Consultant Corp. and DTA Equipment Rental Inc. breached their contract by providing contaminated materials instead of clean fill. It further asserts fraud by Links Management Consultant Corp. for misrepresenting the quality of the materials and negligence by both companies for not complying with environmental regulations concerning hazardous waste disposal.

Landtek seeks cost recovery under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and also brings claims under New York law for breach of contract, fraud, negligence, unjust enrichment, and deceptive business practices. The complaint includes a request for punitive damages related to the fraud claim.

The plaintiff is represented by attorneys George C.D. Duke and Agnes Antonian of Fox Rothschild LLP. The case was filed in the United States District Court for the Eastern District of New York under 1:25-cv-02849.

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