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HAINES v. CITY OF NEW YORK

51 A.D.2d 247 (1976)

Frederick R. Haines, on Behalf of Himself and All Other Property Owners in The Town of Hunter, Similarly Situated, Respondent, and Town of Hunter et al., Intervenors-Respondents, v. City of New York et al., Appellants

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

March 4, 1976

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Stephen P. Kramer, L. Kevin Sheridan and Gary Mailman of counsel), for appellants.

Louis M. Weber for Frederick R. Haines and others, respondents.

Heffernan & Brown (Charles J. Brown of counsel), for Village of Tannersville, intervenor-respondent.

Athony Bucca for Town of Hunter, intervenor-respondent.

KOREMAN and LARKIN, JJ., concur with MAIN, J.; HERLIHY, P.J., and SWEENEY, J., concur in part and dissent in part in an opinion by HERLIHY, P.J.

MAIN, J.

Pursuant to authority granted by chapter 724 of the Laws of 1905 and chapter 630 of the Laws of 1923, the City of New York (hereinafter, City), the Town of Hunter (hereinafter, Town) and the Village of Tannersville (hereinafter, Village) entered into an agreement in 1924 whereby, at its own expense, the City agreed, inter alia, to construct and maintain a sewer system and sewage disposal plant...

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