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MILLENIUM ENVIRONMENTAL, INC. v. CITY OF LONG BEACH OF STATE OF NEW YORK

35 A.D.3d 408 (2006)

827 N.Y.S.2d 171

MILLENIUM ENVIRONMENTAL, INC., Appellant-Respondent, v. CITY OF LONG BEACH OF STATE OF NEW YORK, Respondent-Appellant.

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

Decided December 5, 2006.

Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the motion which were, in effect, for summary judgment declaring that the service charges were barred by General Municipal Law § 3-a and that the service charges, or any other applicable prejudgment interest amounts, were to be calculated on the balance of unpaid disposal fees due after application of the setoff for...

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