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LITOD PAPER STOCK CORP. v. CITY OF NEW YORK

154 A.D.2d 280 (1989)

Litod Paper Stock Corp., on Behalf of Itself and All Others Similarly Situated, Appellant, v. City of New York, et al., Respondents Prolerized Schiabo-Neu Company, on Behalf of Itself and All Others Similarly Situated, Appellant, v. City of New York et al., Respondents Tempesta & Son Co., Inc., on Behalf of Itself and All Others Similarly Situated, Appellant, v. City of New York et al., Respondents

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

October 24, 1989

Plaintiffs, commercial waste carters, are private users of the city's waste-disposal facilities who pay "dump fees" or "tipping fees" for such use. The Department of Sanitation raised these dump fees effective October 14, 1988, pursuant to a Board of Estimate resolution permitting the private carters to pass along to their customers the entire dump fee increase. Nevertheless, CPLR article 78 proceedings were commenced by a trade association of private carters (Association...

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