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CITY OF BUFFALO v. CARGILL

55 A.D.2d 61 (1976)

City of Buffalo, Appellant-Respondent, v. Cargill, Incorporated, Respondent-Appellant County of Erie, Appellant-Respondent, v. Cargill, Incorporated, Respondent-Appellant

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

December 17, 1976

Attorney(s) appearing for the Case

Leslie G. Foschio, Corporation Counsel (Hugh B. Scott of counsel), for City of Buffalo, appellant-respondent.

James L. Magavern, County Attorney (Jan Egger of counsel), for County of Erie, appellant-respondent.

Phillips, Lytle, Hitchcock, Blaine & Huber (Alexander Cordes, David A. Clemens and Paul F. Jones of counsel), for respondent-appellant.

CARDAMONE and MAHONEY, JJ., concur with MARSH, P. J.; SIMONS, J., not participating; MOULE, J., dissents in an opinion and votes to reverse the orders insofar as they grant defendants' motions to dismiss plaintiffs' first causes of action.

MARSH, P. J.

Plaintiffs City of Buffalo and County of Erie appeal from so much of orders of Supreme Court, Erie County, as granted the motions of defendant Cargill, Inc. to dismiss, pursuant to CPLR 3211, plaintiffs' first cause of action to impose personal liability on Cargill for delinquent real property taxes. Cargill cross-appeals from so much of the orders as denied its motions to dismiss plaintiffs' second...

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