Opinion
November 13, 2000.
Appeal from Judgment of Supreme Court, Cayuga County, Contiguglia, J. — Summary Judgment.
PRESENT: PINE, J. P., WISNER, BALIO AND LAWTON, JJ.
Judgment unanimously affirmed with costs.
Memorandum:
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), 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.