It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Plaintiff, Town of West Seneca (Town), and defendant entered into a contract pursuant to which defendant agreed to accept the Town's solid waste in return for a monthly fee. In July 1998, the Town ceased paying defendant's invoices and subsequently commenced an action alleging that the environmental cost, a component of...
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