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WASHINGTON SEWER v. WHITE

177 A.D.2d 204 (1992)

Washington County Sewer Dist. No. 2 et al., Respondents, v. Franklin E. White, as Commissioner of The New York State Department of Transportation, et al., Appellants

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

March 26, 1992

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter G. Crary and Peter H. Schiff of counsel), for appellants.

Hinman, Straub, Pigors & Manning, P. C. (Paula F. Battiste of counsel), for respondents.

MERCURE, MAHONEY and CASEY, JJ., concur.

LEVINE, J. P.

Plaintiff Washington County Sewer District No. 2 (hereinafter plaintiff) owns and operates a combined sanitary and storm sewer system within the Villages of Hudson Falls and Fort Edward, Washington County, pursuant to 1985 agreements with those Villages. For the past several years, plaintiff's system has been experiencing excessive storm water overflow due to the lack of adequate drainage from...

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