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VILL. OF MOUNT KISCO v. CITY OF NEW YORK

24 A.D.2d 894 (1965)

Village of Mount Kisco, Appellant, v. City of New York et al., Respondents

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

November 22, 1965

Judgment affirmed, without costs.

No opinion.

Hopkins, J., dissents and votes to reverse the judgment, to deny the defendants' cross motion for summary judgment, and to grant plaintiff's motion for summary judgment, with the following memorandum:

I construe the contract between the parties as including an implied obligation on the part of the defendant city to co-operate with the plaintiff in the construction of the lateral sewer under...

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