Plaintiff was the excavation contractor for a project at Cayuga Mall in the Village of Lansing, Tompkins County. Defendant owned a 67-acre proposed residential subdivision in the Town of Lansing, located approximately three miles from the mall. It is uncontroverted that plaintiff required a dump site for soil excavated from a retention pond at the mall and that defendant was willing, if not anxious, to have the soil deposited on his property...
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