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HAMPTON HGTS DEV v. WATER BD

136 Misc.2d 906 (1987)

Hampton Heights Development Corporation et al., Plaintiffs, v. Board of Water Supply of the City of Utica, Defendant. (Action No. 1.) City of Utica, Board of Water Supply, Plaintiff, v. Tom Nelson, Individually and as Comptroller of the City of Utica, et al., Defendants. (Action No. 2.)

Supreme Court, Oneida County.

On Motion for Renewal, June 3, 1987.

Attorney(s) appearing for the Case

Gustave De Traglia and Priest & Oudemool for plaintiffs in action No. 1. Edward G. Kaminski for defendant in action No. 1 and plaintiff in action No. 2. Felt, Hubbard, Bach & Bogan (E. Porter Felt of counsel), for Tom Nelson, defendant in action No. 2. Armand J. Festine, Corporation Counsel (Charles N. Brown of counsel), for City of Utica, defendant in action No. 2. Rossi, Kehoe, Murnane & Hughes (Thomas P. Hughes of counsel), for Sperry Corporation, defendant in action No. 2.

JOHN R. TENNEY, J.

The above actions present common issues of law involving the authority and status of the Board of Water Supply of the City of Utica. Action number 1 will be referred to as Fraccola and action number 2 as Nelson.

In Fraccola, plaintiff originally alleged a variety of causes of action. He contended, inter alia, that the Board of Water Supply agreed to furnish...

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