Covanta Niagara, L.P. v. Town of Amherst Garbage & Refuse District No. 1

OPINION OF THE COURT

John M. Curran, J.

*657Defendant has moved to dismiss the complaint primarily on the grounds that plaintiff failed to file a notice of claim under Town Law § 65 (3). Plaintiff has cross-moved for summary judgment.

Plaintiff and defendant entered into a contract and various extensions thereof whereby plaintiff agreed to provide solid waste disposal services to residents of the town of Amherst located within the Town of Amherst Garbage and Refuse District No. 1. In exchange for plaintiffs agreement to provide these services, defendant agreed to pay certain fees. Plaintiff claims…