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TONOGA, INC. v. NEW HAMPSHIRE INS. CO.

532546.

201 A.D.3d 1091 (2022)

159 N.Y.S.3d 252

2022 NY Slip Op 00094

Tonoga, Inc., Doing Business as Taconic, Appellant, v. New Hampshire Insurance Company et al., Respondents.

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

Decided January 6, 2022.

Attorney(s) appearing for the Case

Whiteman Osterman & Hanna LLP, Albany ( Jon E. Crain of counsel), for appellant.

Bates Carey LLP, Chicago, Illinois ( Agelo L. Reppas of counsel) and Kennedys CMK LLP, New York City ( William J. Brennan of counsel), for respondents.

Egan Jr., J.P., Aarons, Reynolds Fitzgerald and Colangelo, JJ., concur.

Since 1961, plaintiff and/or its corporate predecessors have owned and operated a manufacturing facility located in the Town of Petersburg, Rensselaer County where they produce materials coated with polytetrafluoroethylene (hereinafter PTFE). The manufacturing process at the facility historically involved the use of perfluorooctanoic acid...

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