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C.B.S. RUBBISH REMOVAL CO., INC. v. WINTERS WASTE SERVICES OF NEW YORK, INC.

18 A.D.3d 790 (2005)

797 N.Y.S.2d 501

C.B.S. RUBBISH REMOVAL CO., INC., et al., Appellants, v. WINTERS WASTE SERVICES OF NEW YORK, INC., Respondent.

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

May 31, 2005.

Ordered that the order is modified, on the law, by (1) deleting the provision thereof denying that branch of the motion which was for partial summary judgment on the first cause of action and substituting therefor a provision granting that branch of the motion to the extent of awarding the plaintiff C.B.S. Rubbish Removal Co., Inc., the principal sum of $86,072.36, plus interest at the statutory rate of 9% per annum (see CPLR 5004) from September 2, 2003, and otherwise...

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