Mercure, J.P.
In 2004, plaintiff commenced this action to recover unpaid charges for waste disposal services provided to defendant. Following joinder of issue, Supreme Court (Malone, Jr., J.) granted partial summary judgment on liability to plaintiff, with the issue of damages to be determined at trial. On the eve of trial, defendant filed for bankruptcy, staying prosecution of the action until January 2007, when the bankruptcy proceeding was dismissed. Supreme Court...
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