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AUBURN CONTAINER COMPANY, INC. v. SOLVAY PAPERBOARD, L.P.

277 A.D.2d 995 (2000)

715 N.Y.S.2d 265

AUBURN CONTAINER COMPANY, INC., Appellant, v. SOLVAY PAPERBOARD, L.P., Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 13, 2000.

Judgment unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint. The terms of the unambiguous contract between the parties must be afforded their fair and reasonable meanings (see, Abiele Contr. v New York City School Constr. Auth., 91 N.Y.2d 1, 9-10), and thus we agree with the court that tertiary fiber was not waste. Because the...

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