Millennium Environmental, Inc. v. City of Long Beach

— In an action for a judgment declaring, inter alia, that the defendant is obligated to pay the plaintiff certain disposal fees pursuant to a solid waste disposal agreement, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Warshawsky, J.), entered May 8, 2007, which, upon an order of the same court entered November 25, 2003, among other things, granting the defendant’s cross motion for summary judgment on the issue of liability on its counterclaims, and authorizing it to assert such counterclaims as a setoff against the plaintiffs claims for unpaid disposal fees,…