TOWN OF WILSON v. TOWN OF NEWFANE


181 A.D.2d 1045 (1992)

Town of Wilson, Respondent, v. Town of Newfane, Appellant

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

March 13, 1992


Order unanimously affirmed without costs.

Memorandum:

In this dispute over closure of a landfill, the court did not err in denying defendant's motion for summary judgment. There are factual questions whether defendant, by virtue of its August, 1980 agreement with plaintiff, may be held liable for costs incurred by plaintiff in closing the landfill. Whether the term "maintenance", as used in the agreement, encompasses closure presents an ambiguity to be resolved...

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