Covanta Niagara, L.P. v Town of Amherst Garbage & Refuse Dist. #1
2008 NY Slip Op 02389 [49 AD3d 1295]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Covanta Niagara, L.P., Appellant, v Town of Amherst Garbage and Refuse District #1, Respondent.

—[*1] Jaeckle Fleischmann & Mugel, LLP, Buffalo (Ralph L. Halpern of counsel), for plaintiff-appellant. E. Thomas Jones, Town Attorney, Williamsville (J. Matthew Plunkett of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered June 26, 2007 in a breach of contract action. The order granted defendant's motion to dismiss the complaint and denied plaintiff's cross motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Centra, Lunn, Fahey and Green, JJ. [See 16 Misc 3d 656 (2007).]