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Curtis v. Town of Macedon

66 N.Y.2d 1004 Court N.Y. Decision date 1985-12-19 English

Contents

Majority

p. 1004
Kevin Curtis et al., Respondents, v Town of Macedon et al., Respondents, and Waste Management of New York, Inc., Appellant.
Decided December 19, 1985
p. 1006
APPEARANCES OF COUNSEL
Domenick L. Gabrielli, Scott M. Turner and Arnold N. Zelman for appellant.
John M. Wilson, II, for Kevin Curtis and others respondents.
A. Paul Britton, Jr., for Town of Macedón and another, respondents.

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order modified by deleting from the declaration the phrase "entities located therein” and substituting therefor the phrase "entities or persons doing business therein” and, as so modified, affirmed, with costs to respondents. The broader substituted language is that used in the 1978 agreement to describe users of the landfill.

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.