In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation
Filing
3902
DECLARATION of Susan M. Dean in Opposition re: (318 in 1:08-cv-00312-SAS) MOTION for Summary Judgment as to Getty Property Corp.'s Third-Party Complaint.. Document filed by Getty Properties Corp.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:08-cv-00312-SAS(McMeekin, John)
1212212010 10:05 AM Singh, Harbans Deposition (pp. 1 - 240)
12124/2010 10:05 AM Singh, Harbans Deposition(pp. 1 - 240)
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LEARY, BRIDE,TINKER & MORAN,P.C.
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SUPERIOR COURT OF NEW JERS EY
LAW DMSION -MIDDLESEX COUNTY
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BY: JAMES D. BRIDE, ESQ.
DOCKET NO. MID-L-~7~78i-o9
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7 Ridgedale Avenue
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Plaintiff,
:Deposition of:
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PROPERTIES CORP.,
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Defendant.
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Representing Robert Melecci
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ROBERT MELECCI and GE77Y : HARBANS SINGH
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973-539-2090
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H.P. DELTA, INC.,
Cedar Knolls, New Jersey o~92~
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'I7anscript of deposition taken
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by and before CYNTHIA BAUERLE, a Certified
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Shorthand Reporter and Notary Public, at the
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Lieberman & Blecher, P.C., io Jefferson Plaza,
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15
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Suite too, Princeton, New Jersey 08540, on
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Wednesday, December zz, zoo,commencing at
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io:os a.m.
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Job No. NJ3o4794
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7212212070 X0:05 AM Singh, Harbans Deposition (pp. 1 - 240)
1212212010 10:05 AM Singh, Harbans Deposition (pp. 1 - 240)
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INDEX
LIEBERMAN & BLECHE R, P.C.
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BY: STUARTJ. LIEBERMAN, ESQ.
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WITNESS: HARBANS SINGH
EXAMINATION BY MR. LAVINTHAL................7
APPEARANCES:
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PAGE
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io Jefferson Plaza, Suite ioo
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Princeton, New Jersey 08540
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73z-355-131i
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Representing the Plaintiff
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LOWENSTEIN SAND LER, P.C.
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NO. DESCRIPTION
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BY: ADAM B. LAV INI'HAL, ESQ.
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HP-i Notice of Deposition of Plaintiff
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65 Livingston Avenue
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EXHIBITS
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to
PAGE
H.P. Delta, Inc.
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Roseland, New Jersey 07068-i'79i
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HP-z Picture
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973-597-2493
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HP-zathrough
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Representing Getty Properties Corp.
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HP-zv Picture
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H P-3 Investigation plan
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~y
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HP-4 Lease agreement
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MARSHALL, DENNEH EY, WARNER,COLEMAN
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39
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& GOGGIN
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HP-5 Bill of Sale
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BY: MARC JONES, ESQ.
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HP-6 Interrogatory response
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Woodland Falls Corporate Park
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HP-~ Underground Storage Tank Systems
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zoo Lake Drive East, Suite 300
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Cherry Hill, New Jersey 08002
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HP-8 Letter, dated September 28, zoio ii4
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856-4i4-6000
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HP-9 Letter, dated November i9, zoio
Representing DhandiTransportation
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HP-io P & J Fuel, Inc., Custom Transaction
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25
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Registration Certificate
Detail Report
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$5
108
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1212L2010 10:05 AM Singh, Harbans Deposition (pp. 1 - 240)
1212212010 10:05 AM Singh, Harbans Deposition (pp. 1 - 240)
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materials were placed in a drum.
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all of the gas in the tanks. When he was
disconnecting the pipes, he pull up, like, you
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A.
Yes.
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Q.
What type of drum?
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know, when he pull up the pipe, it was in the
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A. [Ys like metal drum or maybe
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pipe, like, maybe half a liter and, you know,
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Q.
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A.
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We give it to the environmental
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guy to take it.
Q.
take care, but my guy put Speedy Dry on it and
I clean it, but after that Melecci called to
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How is it disposed of, the drum?
he lifted guy --the guy lifted. He don't
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plastic drum maybe keep the, you know, safe.
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the fire department.
Q.
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What environmental guy?
You said there was a half liter?
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A.
Like, C3.
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A.
Half a liter.
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Q.
How often was the drum -- did
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Q.
Where did the half liter end up?
On the ground?
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the drum need to be emptied over the course of
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the time that you've been there?
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put the Speedy Dry, you know, iYs like
nothing on it.
A.
On the ground, yes. When you
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A.
It never fill up.
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Q.
Never fills up?
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A.
No.
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Q.
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Q.
So C3 has never had to dispose
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delivery?
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Yes. When the guy was doing
of one of these drums? IYs still at your
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property?
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delivery, yes. When he lefr, then it came
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from his pipe.
MR. LIEBERMAN: Objection. Form
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Md this ha ppened during a
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of question.
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Md this was in 2ooq?
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Four, yes.
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A.
No.
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Q.
I'm not sure I understand.
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Q.
So that was a Dhandi delivery?
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No, because if we don't have
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A.
Yes.
enough over there, they don't take it.
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Q.
So I thought you testified
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1212212010 10:05 AM Singh, Harbans Deposition(pp. 1 - 240)
1212212010 10:05 AM Singh, Harbans Deposition (pp. 1 -240)
Q.
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A.
Yes. We have Speedy Dry at al]
A.
Q.
recollection that there was one?
MR. LIEBERMAN: Objection to the
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stations, yes.
Q.
instances. So does this refresh your
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Speedy Dry?
earlier that there weren't any discharge
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So you still have a drum with
Going back to zoo3?
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Oh, yeah.
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Mr. Singh, was there a spill
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form.
MR.JONES: Join.
A.
This is not a discharge.
Discharge means,like, you spill more than
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discharge incident at the 439 Lake Avenue
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property in December zoo4?
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three liter. Four liter. This is halfliter,
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you know, anything going to happen on the
MR. LIEBERMAN: Objection to the
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A.
Ithink what happened as the
road. It's like what you can say is a half
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form of the question.
liter.
Were there any other instances
delivery guy left, maybe from the pipe, you
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Q.
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know, when he was -- he was, like, get
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like this?
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together his pipes, maybe, you know, half of
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A.
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the liter was gone on the ground. Nothing
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happened. My guy put the Speedy Dry and the
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clarification. When you said the ground, what
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truck is gone,then maybe Melecci called the
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is the ground?
fire people. They came. That's all.
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Q.
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A.
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Q.
And this happened December of
2004?
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MR. LIEBERMAN: Just a quick
T'I-IE WITNESS: On the surface.
On the blacktop.
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MR. LIEBERMAN: The blacktop?
Ithink so.
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T'I-IE WITNESS: Yes.
So just to make sure I
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MR. LIEBERMAN: Just wanted to
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understand again what you said.
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No. Never.
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It was like from the guy deliver
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be clear on this.
Q.
This was on the blacktop?
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