Legal Opinion
Town of Wilson v. Town of Newfane
Appellate Division of the Supreme Court of the State of New York
Decided April 14, 1993PublishedCited by 7 opinions
1Opinion of the Court
—Order unanimously affirmed with costs. Memorandum: The IAS Court properly denied the Town of Newfane’s motion for summary judgment. In Town of Wilson v Town of Newfane (181 AD2d 1045), we held that there was a question of fact whether the term "maintenance” in paragraph 1 of the August 27, 1980 agreement between the parties included the costs of closing the landfill. Additionally, we held that whether Newfane terminated the agreement without cause and whether the Town of Wilson waived any breach of the agreement were questions of fact to be resolved at trial. Within three weeks of entry of…
2Cases cited3 opinions
- Marine Midland Bank v. FisherAppellate Division of the Supreme Court of the State of New York · 1981
- Graney Development Corp. v. TaksenAppellate Division of the Supreme Court of the State of New York · 1978
- Town of Wilson v. Town of NewfaneAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by7 opinions
- Town of Angelica v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
- Welch Foods, Inc. v. WilsonAppellate Division of the Supreme Court of the State of New York · 2000
- Giardina v. LippesAppellate Division of the Supreme Court of the State of New York · 2010
- Crossman v. Harding Industrial ToolAppellate Division of the Supreme Court of the State of New York · 1995
- Farrell v. OkeicAppellate Division of the Supreme Court of the State of New York · 2003
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