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NIAGARA COUNTY v. UTICA MUT

80 A.D.2d 415 (1981)

Niagara County, Respondent-Appellant, v. Utica Mutual Insurance Company, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 15, 1981

Attorney(s) appearing for the Case

Palmer, Heffernan, Wickser & Beyer (John J. Heffernan of counsel), for appellant-respondent.

John V. Simon (Sheldon Hurwitz of counsel), for respondent-appellant.

DILLON, P. J., CARDAMONE, DENMAN and MOULE, JJ., concur.

DOERR, J.

Plaintiff Niagara County is one of several defendants in a series of lawsuits commenced by some 65 claimants in what has come to be known as the "Love Canal" litigation. The allegations contained in the several complaints are not substantially dissimilar. The defendants, collectively, are charged with recklessly dumping and abandoning chemicals, waste products and debris which were, or subsequently...

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