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I. SHULMAN & SON, INC. v. JORLING

189 A.D.2d 1012 (1993)

I. Shulman and Son, Inc., Respondent, v. Thomas A. Jorling, as Commissioner of The New York State Department of Environmental Conservation, Appellant

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

January 21, 1993

Crew III, J.

Plaintiff is a New York corporation which owns and operates a salvaging facility located in the City of Elmira, Chemung County. In 1982, plaintiff received a shipment of transformers that were to be dismantled and sold for scrap; it later developed that the transformers contained oil laced with polychlorinated biphenyl (PCB). In 1984, plaintiff entered into an order on consent with the Department of Environmental Conservation (hereinafter...

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