I. Shulman & Son, Inc. v. Jorling

Appeal from an order of the Supreme Court (Ellison, J.), entered January 10, 1992 in Chemung County, which denied defendant’s motion to dismiss the complaint for, inter alia, failure to state a cause of action.

Plaintiff is a New York corporation which owns and operates a salvaging facility located in the City of Elmira, Che-mung 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…