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BUFFALO SEWER AUTH. v. CHEEKTOWAGA

20 N.Y.2d 47 (1967)

Buffalo Sewer Authority, Respondent, v. Town of Cheektowaga et al., Appellants.

Court of Appeals of the State of New York.

Decided May 31, 1967.

Attorney(s) appearing for the Case

Victor T. Fuzak and Kenneth K. Kitzinger for appellants.

Anthony G. Manguso, Corporation Counsel (John P. Lane of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING and BREITEL concur.

VAN VOORHIS, J.

The Town Board of Cheektowaga appeals from the affirmance of an injunction restraining the discharge of storm water from the town into the City of Buffalo. Plaintiff public authority maintains and operates the sewers in the City of Buffalo. Drainage District No. 1 of the Town of Cheektowaga is adjacent to that city. In its undeveloped state the surface waters from this area of the town drained...

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