Ordered that the order is reversed, on the law, with costs, and the motion is denied.
On September 30, 1980, after extended negotiations, the parties executed a contract whereby the defendants leased 172 acres of unimproved land from the plaintiff to use as a sanitary landfill site. Pursuant to the contract, the parties agreed that the plaintiff would be paid a monthly fee of $1,000 and 75 cents per yard for each yard over 1,000 yards of "refuse" deposited each month...
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