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HAMBURG v. AM. REF-FUEL CO.

284 A.D.2d 85 (2001)

727 N.Y.S.2d 843

VILLAGE OF HAMBURG, Appellant-Respondent, v. AMERICAN REF-FUEL COMPANY OF NIAGARA, L.P., Respondent-Appellant. (Action No. 1.) TOWN OF EDEN, Appellant-Respondent, v. AMERICAN REF-FUEL COMPANY OF NIAGARA, L.P., Respondent-Appellant. (Action No. 2.)

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

July 3, 2001.

Attorney(s) appearing for the Case

Connors & Vilardo, Buffalo (Lawrence J. Vilardo of counsel), for appellants-respondents.

Jaeckle Fleischmann & Mugel, Buffalo (Ralph L. Halpern of counsel), for respondent-appellant.

PIGOTT, JR., P. J., WISNER, KEHOE and BURNS, JJ., concur.

OPINION OF THE COURT

HURLBUTT, J.

The Village of Hamburg (Hamburg), the plaintiff in action No. 1, entered into a 25-year contract for refuse disposal services with defendant's predecessor, Occidental Chemical Corporation (Occidental), on March 1, 1989. That contract served as the prototype for contracts between Occidental and other municipalities, including the Town of Eden (Eden), the plaintiff in action No. 2, which entered into a contract with Occidental...

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