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TOWN OF WILSON v. TOWN OF NEWFANE

192 A.D.2d 1095 (1993)

596 N.Y.S.2d 266

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

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

April 14, 1993

Order unanimously affirmed with costs.

Memorandum:

The IAS Court properly denied the Town of Newfane's motion for summary judgment. In Town of Wilson v Town of Newfane (181 A.D.2d 1045), we held that there was a question of fact whether the term "maintenance" in paragraph 1 of the August 27, 1980 agreement between the parties included the costs of closing the landfill. Additionally, we held that whether Newfane terminated...

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