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J.C. PENNEY COMPANY, INC. v. TOWN OF OYSTER BAY

302 A.D.2d 561 (2003)

755 N.Y.S.2d 628

J.C. PENNEY COMPANY, INC., Appellant, v. TOWN OF OYSTER BAY et al., Respondents.

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

Decided February 24, 2003.

Ordered that the judgment is affirmed, with costs.

The plaintiff has operated a retail department store located at Sunrise Mall in the Town of Oyster Bay since 1973. After using a private garbage collection service for approximately 20 years, the plaintiff commenced this action against the Town seeking, inter alia, a refund of Garbage and Disposal District taxes. The plaintiff contends that the Town effectively failed and refused to collect and dispose of garbage...

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