Order and judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs commenced this action against defendant for alleged violations of a 1992 Consent Order and a 1995 Order of Modification. The underlying dispute involves a municipal landfill that stopped accepting waste in 1991. Supreme Court denied plaintiffs' motion for summary judgment seeking payment of a stipulated suspended penalty of $80...
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