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DUNCAN v. CAPITAL REGIONAL LANDFILLS, INC.

531616.

198 A.D.3d 1150 (2021)

152 N.Y.S.3d 862

2021 NY Slip Op 05757

Jennifer Duncan, on Behalf of Herself and All Others Similarly Situated, Respondent, v. Capital Region Landfills, Inc., Appellant.

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

Decided October 21, 2021.

Attorney(s) appearing for the Case

Beveridge & Diamond, PC, New York City ( Michael G. Murphy of counsel), for appellant.

Michaels & Smolak, PC, Auburn ( Nicholas Coulson of Liddle & Dubin, PC, Detroit, Michigan, of counsel, admitted pro hac vice) for respondents.

Hunton Andrews Kurth LLP, New York City ( Elbert Lin of Hunton Andrews Kurth LLP, Richmond, Virginia, of counsel, admitted pro hac vice), for Chamber of Commerce of the United States of America, amicus curiae.

Michael C. Maggiulli , Town Attorney, Latham ( John A. Spath of counsel), for Town of Colonie, amicus curiae.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, White Plains ( Robert A. Spolzino of counsel), for National Waste & Recycling Association, amicus curiae.

Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.

Defendant operates the Colonie Landfill located near the banks of the Mohawk River in Albany County, which is owned by the Town of Colonie (see Matter of Town of Waterford v New York State Dept. of Envtl. Conservation, 187 A.D.3d 1437, 1438 [2020]). Plaintiff—a resident of the City of Waterford, Saratoga County—commenced...

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