A midlevel New York appeals court has sided with the operator of the state’s second-largest landfill in setting back a real estate builder’s tort action that argued the release of odors adversely affected the developer’s business.

In one of a number of key lawsuits to watch against Waste Management of New York, the Appellate Division, Fourth Department issued an unsigned memorandum decision in favor of the trash collector on March 15, reversing a lower court judge’s ruling.

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