Legal Opinion
Waste-Stream Inc. v. St. Lawrence County Solid Waste Disposal Authority
New York Supreme Court
Decided December 15, 1995PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
David Demarest, J.
This is a declaratory judgment action in which plaintiff, *544Waste-Stream Inc. (WSI), moves for an order pursuant to CPLR 3211 (b) dismissing all affirmative defenses set forth in defendant’s (SWDA) answer for failure to state a defense and/or that they lack merit, for summary judgment pursuant to CPLR 3212 on the basis that there exists no triable issue of fact and for an order enjoining the defendant from engaging in any activity relating to the "collection” of solid waste. Defendant opposes the relief and, although failing to cross-move for summary…
2Cases cited11 opinions
- C & a Carbone, Inc. v. Town of ClarkstownSupreme Court of the United States · 1994
- Dairylea Cooperative, Inc. v. WalkleyNew York Court of Appeals · 1975
- Doctors Council v. New York City Employees' Retirement SystemNew York Court of Appeals · 1988
- Alonzo M. v. New York City Department of ProbationNew York Court of Appeals · 1988
- City of Rye v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1969
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3Cited by2 opinions
- Martin Goldman, LLC v. Yonkers Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2004
- Schulz v. Town Board of QueensburyAppellate Division of the Supreme Court of the State of New York · 1998