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MERCHS. MUT. INS. CO. v. ALLCITY INS. CO.

245 A.D.2d 590 (1997)

664 N.Y.S.2d 690

Merchants Mutual Insurance Company, Appellant, v. Allcity Insurance Company, Respondent, et al., Defendants. (And Two Other Related Actions.)

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

December 4, 1997

Mercure, J. P.

N. Storonske Cooperage Company, Inc. and its principal, Michael Greenberg (hereinafter collectively referred to as Storonske), were in the business of purchasing 55-gallon steel drums from industrial firms and then cleaning, repainting and reselling the drums. Although ostensibly empty, many of the drums contained residual amounts of chemical liquid and sludge, which Storonske removed and stored in 55-gallon drums, and the wastewater used...

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