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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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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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.

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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.
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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.
A.

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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