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UNITED SAFETY OF AM., INC. v. CONSOL. EDISON CO. OF NEW YORK, INC.

213 A.D.2d 283 (1995)

623 N.Y.S.2d 591

United Safety of America, Inc., Respondent, v. Consolidated Edison Company of New York, Inc., Appellant, et al., Defendants

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

March 21, 1995

In 1987 Con Ed contracted with defendant NAB Construction Corporation for renovation of the former's Astoria Generating Station in Queens. A portion of the contract called for vacuum removal and disposal of fly ash (the waste residue of combusted fossil fuels) from two boiler units, at a set price of $140 per cubic yard.

Even though fly ash is considered a nonhazardous solid waste, under both the Environmental Protection...

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