Order unanimously reversed on the law without costs, motion granted, cross motion denied, complaint reinstated and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: On May 24, 1971, plaintiffs, County of Niagara and Niagara County Sewer District No. 1 (District), and defendant, Town of Niagara (Town), entered into an agreement to construct sewer facilities to be operated by the District. Paragraph 6 of the agreement provided...
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