What’s in a name? Apparently everything for two Shelter Island carters who will continue their battle in court at a trial scheduled for November 10.Jon DiVello of Shelter Island Environmental Services and Dan Binder of Dan’s Carting and Recycling, also known as Shelter Island Sanitation, were to have been in court October 7, but Anthony Palumbo, attorney for Mr. DiVello requested an adjournment.
Supreme Court Justice Emily Pines has rescheduled the trial for 11 a.m. on Monday, November 10.
Mr. DiVello sued Mr. Binder charging that the latter was using a company name — Shelter Island Sanitation — meant “to deceive and mislead the public” about who is handling their refuse.
Mr. DiVello further charged that Mr. Binder libeled him in a letter to the Reporter in September 2012 that stated that “another garbage company” operating here fails to use proper recycling practices. An editor’s note to that letter identified Mr. DiVello’s company as the other carter and said Mr. DiVello had denied the charge.
Justice Pines refused a motion to block Mr. Binder from continuing to use the company name pending resolution of the suit.
Mr. Binder incorporated his business in 2005 as Shelter Island Sanitation, doing business as Dan’s Carting and Recycling. Mr. DiVello’s father purchased Shelter Island Refuse from Fred Ogar in 2003 and Jon and a business partner took over the business in 2011. Mr. Binder’s attorney is Kimberlea Rea of Westervelt & Rea LLP.