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KANALY v. O'NEIL

147 Misc.2d 149 (1990)

Robert Kanaly et al., Constituting the Town Board of the Town of Dannemora, Plaintiffs, v. Timothy O'Neil et al., Defendants.

Supreme Court, Clinton County.

April 25, 1990

Attorney(s) appearing for the Case

Lewis & Rogers (Mark J. Rogers of counsel), for defendants. Fitpatrick, Trombley, Owens & Lahtinen, P. C. (Robert A. Goldstein of counsel), for plaintiffs.

JAN H. PLUMADORE, J.

Defendants moved for summary judgment herein and, upon receipt of plaintiffs' answering papers, permission to file a late answer. Plaintiffs cross-moved for leave to enter a default judgment or summary judgment in the alternative. Plaintiffs' cross motion for summary judgment will be granted and the others denied.

Defendants are Water Commissioners in name only: (1) when this water...

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