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NEW YORK WATER CORP. v. CITY OF NEW YORK

4 A.D.2d 209 (1957)

New York Water Service Corporation, Appellant-Respondent, v. City of New York, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 11, 1957.

Attorney(s) appearing for the Case

Milton S. Gould of counsel (George Trosk, Robert Boehm and Alvin M. Stein with him on the brief; Gallop, Climenko & Gould, attorneys), for appellant-respondent.

Seymour B. Quel of counsel (James J. Thornton, Sidney Brandes and G. Gary Sousa with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for respondent-appellant.

PECK, P. J., BREITEL, FRANK and McNALLY, JJ., concur.

VALENTE, J.

We have here presented for consideration cross appeals from a judgment in plaintiff's favor in an action for breach of contract against the City of New York. The plaintiff appeals on the ground that the amount awarded is inadequate and the defendant cross-appeals from the entire judgment.

The gravamen of the plaintiff's complaint is the refusal of the...

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