B.C.F. Oil Refining, Inc. v. Consolidated Edison Co. of New York, Inc.

MEMORANDUM OPINION

MOTLEY, District Judge.

INTRODUCTION

Plaintiff BCF Oil Refining, Inc., (hereinafter “plaintiff’), a company formerly engaged in the “business of re-refining used oil, and water containing used oil, in order to produce fuel oil for resale to the public”, (Complaint at ¶ 1), brought this action alleging that defendant Consolidated Edison Company of New York, Inc., (“Con Edison”) distributed contaminated oil to plaintiff. Plaintiff has also brought claims against other entities (hereinafter, “the transporter defendants”) for allegedly transporting such contaminated oil from Con…