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MARTINEZ v. CITY OF NEW YORK

2008-08444.

73 A.D.3d 993 (2010)

901 N.Y.S.2d 339

JOSE MARTINEZ, Appellant-Respondent, v. CITY OF NEW YORK et al., Respondents-Appellants, and UUP, INC., Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided May 18, 2010.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the defendant UUP, Inc., payable by the plaintiff.

As the owner of the Fresh Kills Landfill in Staten Island, the defendant City of New York entered into a "Gas Rights Concession Agreement" in 1998 with the defendant GSF Energy, LLC (hereinafter GSF), a subsidiary of the DQE Financial Corp., sued herein as DQE (hereinafter DQE). Pursuant to this agreement, the...

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