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ITHACA v. CAYUGA HGTS.

184 A.D.2d 78 (1992)

Town of Ithaca, Respondent, v. Village of Cayuga Heights, Appellant. (Action No. 1.) Rocco Lucente, Respondent, v. Village of Cayuga Heights, Appellant. (Action No. 2.)

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

November 25, 1992

Attorney(s) appearing for the Case

Holmberg, Galbraith, Holmberg, Orkin & Bennett, Ithaca (Anna K. Holmberg of counsel), for appellant.

Barney, Grossman, Roth & Dubow, Ithaca (Nelson E. Roth of counsel), for Town of Ithaca, respondent.

Williamson, Clune & Stevens, Ithaca (John Alden Stevens of counsel), for Rocco Lucente, respondent.

MIKOLL, J. P., YESAWICH JR., MERCURE and CREW III, JJ., concur.

CASEY, J.

Pursuant to a contract with plaintiff Town of Ithaca (hereinafter the Town) executed in January 1965, defendant, the Village of Cayuga Heights (hereinafter the Village), granted the Northeast Sewer District, an improvement district within the Town in Tompkins County, permission to connect its sewer system with the Village's sewer system "for the purpose of discharging domestic sewage therein, and disposing...

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