Legal Opinion
Town of Wilson v. Town of Newfane
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 1992PublishedCited by 12 opinions
1Opinion of the Court
— Order unanimously affirmed without costs. Memorandum: In this dispute over closure of a landfill, the court did not err in denying defendant’s motion for summary judgment. There are factual questions whether defendant, by virtue of its August, 1980 agreement with plaintiff, may be held liable for costs incurred by plaintiff in closing the landfill. Whether the term "maintenance”, as used in the agreement, encompasses closure presents an ambiguity to be resolved by the trier of fact. Generally, courts are responsible for interpreting written instruments (see, Hartford Acc. & Indem. Co. v…
2Cases cited4 opinions
- Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
- Yawger v. . American Surety Co.New York Court of Appeals · 1914
- Abcon Associates, Inc. v. Apollo Theatre Investor GroupAppellate Division of the Supreme Court of the State of New York · 1990
- Bronx-Lebanon Hospital Center v. Mount Eden CenterAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by12 opinions
- Consarc Corporation v. Marine Midland Bank, N.A.Court of Appeals for the Second Circuit · 1993
- Kibler v. Gillard Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Town of Wilson v. Town of NewfaneAppellate Division of the Supreme Court of the State of New York · 1993
- Nowak v. MaduraAppellate Division of the Supreme Court of the State of New York · 2003
- T.L.C. West v. Fashion OutletsAppellate Division of the Supreme Court of the State of New York · 2009
7 more not listed; retrieve them via the Exa API.