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HITCHINGS v. HOME INS. CO.

190 A.D.2d 1030 (1993)

John Hitchings, Individually and Doing Business as Industrial Oil Tank and Line Cleaning Service, Appellant, v. Home Insurance Company et al., Respondents

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

February 5, 1993

Judgment unanimously affirmed with costs.

Memorandum:

In 1983, plaintiff shipped 169,020 pounds of bulk waste oil containing polychlorinated biphenyls (PCBs) from its facility in Verona, New York, to the Martha C. Rose Chemicals, Inc. disposal site in Holden, Missouri. An inspection of the Rose site by the Environmental Protection Agency (EPA) disclosed unacceptable levels of PCB contaminated waste. In a subsequent investigation by the EPA, plaintiff was identified...

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