Legal Opinion

Welch Foods, Inc. v. Wilson

Appellate Division of the Supreme Court of the State of New York

Decided June 18, 1999No. Appeal No. 1PublishedCited by 16 opinions

1Opinion of the Court

—Appeal unanimously dismissed without costs. Memorandum: Plaintiff commenced this action seeking recovery of sewer rents paid to the Village of Westfield *950(defendant). Plaintiff and defendant entered into an agreement in November 1975 whereby defendant agreed to accept plaintiffs wastewater in return for a fee. Defendant charged plaintiff based in part upon plaintiffs “assigned capacity”, or the maximum amount of wastewater that defendant agreed to accept. Plaintiff contends that defendant should charge it only for the actual amount of waste it sends to defendant’s- treatment plant.

In October…

2Cases cited18 opinions

  1. Zinermon v. BurchSupreme Court of the United States · 1990
  2. Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
  3. People v. MorenoNew York Court of Appeals · 1987
  4. W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
  5. Martin v. City of CohoesNew York Court of Appeals · 1975

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3Cited by16 opinions

  1. Welch Foods, Inc. v. WilsonAppellate Division of the Supreme Court of the State of New York · 2000
  2. Affinity Elmwood Gateway Properties LLC v. AJC Properties LLCAppellate Division of the Supreme Court of the State of New York · 2014
  3. In re the Estate of PiccilloAppellate Division of the Supreme Court of the State of New York · 2007
  4. National Mortgage Consultants v. ElizaitisAppellate Division of the Supreme Court of the State of New York · 2005
  5. Andrea v. E.I. du Pont de Nemours & Co.Appellate Division of the Supreme Court of the State of New York · 2001

11 more not listed; retrieve them via the Exa API.

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