AUBURN CONTAINER COMPANY INC v. SOLVAY PAPERBOARD (2000)

Supreme Court, Appellate Division, Fourth Department, New York.

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

Decided: November 13, 2000

PRESENT: PINE, J.P., WISNER, BALIO and LAWTON, JJ.

Joseph D. Picciotti, Rochester, for plaintiff-appellant. Laurel J. Eveleigh, Syracuse, for defendant-respondent.

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, 666 N.Y.S.2d 970, 689 N.E.2d 864), and thus we agree with the court that tertiary fiber was not waste. Because the contract provided for plaintiff to transport waste from defendant's manufacturing facility to a specified landfill, defendant did not breach the exclusivity provision of the contract by contracting with a third party to transport tertiary fiber.

Judgment unanimously affirmed with costs.

MEMORANDUM:

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