Order reversed, without costs; plaintiffs' motion for summary judgment and defendant's cross motion for summary judgment denied in toto; and the judgment in favor of the plaintiffs vacated, without costs.
In our opinion, an issue of fact is presented as to whether the defendant's contract with the Village of Pleasantville, dated July 15, 1959, caused the trustees of said village to extend the sewer or whether, in any event, they would have done so pursuant...
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