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SCHAEFER v. TOWN OF VICTOR

1007 CA 10-00074.

77 A.D.3d 1346 (2010)

909 N.Y.S.2d 258

BETTY SCHAEFER, as Executrix of WILLIAM F. SCHAEFER, Deceased, Appellant, v. TOWN OF VICTOR, Respondent.

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

Decided October 1, 2010.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Memorandum:

Plaintiff's decedent owned and operated the Genesee Sand & Gravel Landfill (Landfill) located in defendant Town of Victor (hereafter, Town) and, from approximately 1965 until 1981, the Town's residents and businesses were the sole depositors of waste in the Landfill. Pursuant to a 1992 consent order between plaintiff's decedent and the New...

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