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WILLIAM METROSE LTD. v. WASTE MGT. OF N.Y., LLC

968 CA 23-00005.

2024 NY Slip Op 01458

WILLIAM METROSE LTD. BUILDER/DEVELOPER, Plaintiff-Respondent, v. WASTE MANAGEMENT OF NEW YORK, LLC, Defendant-Appellant.

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

Decided March 15, 2024.

Attorney(s) appearing for the Case

HARRIS BEACH PLLC, PITTSFORD ( BRIAN D. GINSBERG OF COUNSEL), FOR DEFENDANT-APPELLANT.

HEATH & O'TOOLE PLLC, HOLLEY ( BRIDGET ANN O'TOOLE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: WHALEN, P.J., LINDLEY, BANNISTER, OGDEN, AND DELCONTE, JJ.

Appeal from an order of the Supreme Court, Monroe County (Debra A. Martin, A.J.), entered December 2, 2022. The order denied the motion of defendant to dismiss the second amended complaint.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion to dismiss the second amended complaint is granted and the second amended complaint is dismissed.

Memorandum:

Defendant owns and operates the High Acres...

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