Northway 11 Communities, Inc. v. Town Board of Malta
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Cardona, P.J.
Appeal from a judgment of the Supreme Court (Williams, J.), entered March 11, 2002 in Sara-toga County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for failure to state a cause of action.
Petitioner owns an apartment complex, Northway 11 Communities (hereinafter Northway), in the Town of Malta, Sara-toga County, that is currently a customer of C.K. Sanitary Systems, Inc. (hereinafter C.K. Sanitary), a private sewer *787transport corporation. Both C.K. Sanitary and Northway are owned by the same entity and, for many years,…
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