AL TURI LANDFILL, INC. v. GREENHILL


93 A.D.2d 796 (1983)

Al Turi Landfill, Inc., Appellant-Respondent, v. Foster D. Greenhill et al., as Supervisor of The Town Board of the Town of Goshen, Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 4, 1983


Plaintiff is awarded one bill of costs. It was error to dismiss plaintiff's second and third causes of action on the ground of res judicata. The second cause of action asserts a claim premised on the inconsistency between Local Law No. 3, as applied, and State laws and policies. That is a different cause of action than the pre-emption claim which was asserted and disposed of in a prior Federal action. The third cause of action...

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