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WELCH FOODS, INC. v. WILSON

262 A.D.2d 949 (1999)

692 N.Y.S.2d 873

WELCH FOODS, INC., Respondent, v. RALPH W. WILSON et al., Defendants, and VILLAGE OF WESTFIELD, Appellant and Third-Party Plaintiff-Appellant. MOGEN DAVID WINE CORPORATION et al., Third-Party Defendants-Respondents. (Appeal No. 1.)

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

Decided June 18, 1999.

Appeal unanimously dismissed without costs.

Memorandum:

Plaintiff commenced this action seeking recovery of sewer rents paid to the Village of Westfield (defendant). Plaintiff and defendant entered into an agreement in November 1975 whereby defendant agreed to accept plaintiff's wastewater in return for a fee. Defendant charged plaintiff based in part upon plaintiff's "assigned capacity", or the maximum amount of...

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