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COVANTA NIAGARA, L.P. v. TOWN OF AMHERST GARBAGE AND REFUSE DISTRICT NO. 1

16 Misc.3d 656 (2007)

840 N.Y.S.2d 689

COVANTA NIAGARA, L.P., Plaintiff, v. TOWN OF AMHERST GARBAGE AND REFUSE DISTRICT No. 1, Defendant.

Supreme Court, Erie County.

June 6, 2007.

Attorney(s) appearing for the Case

E. Thomas Jones, Town Attorney (Mark Matthew Jasen of counsel), for defendant.

Jaeckle Fleischmann & Mugel, LLP (Ralph L. Halpern of counsel), for plaintiff.

OPINION OF THE COURT

JOHN M. CURRAN, J.

Defendant has moved to dismiss the complaint primarily on the grounds that plaintiff failed to file a notice of claim under Town Law § 65 (3). Plaintiff has cross-moved for summary judgment.

Plaintiff and defendant entered into a contract and various extensions thereof whereby plaintiff agreed to provide solid waste disposal services to residents of the town...

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