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CITY OF N. Y. v. TN. OF COLCHESTER

66 Misc.2d 83 (1971)

City of New York, Plaintiff, v. Town of Colchester et al., Defendants.

Supreme Court, Special Term, New York County.

March 25, 1971

Attorney(s) appearing for the Case

Paul F. Eaton for Town of Colchester and others, defendants. Carl P. Goldstein for County of Sullivan and others, defendants. Robert H. MacDowell for County of Delaware and others, defendants. J. Lee Rankin, Corporation Counsel, for plaintiff.

GEORGE M. CARNEY, J.

This is a motion to dismiss for failure to prosecute, or, in the alternative, for summary judgment declaring the legal rights and relations of the parties.

The plaintiff, City of New York (City) was authorized by a statute known as the Water Supply Act (Administrative Code of the City of New York, tit. K41, now tit. K51) to build certain reservoirs in Delaware, Ulster and Sullivan Counties in order to augment its water supply...

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