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ALBANY COUNTY v. I.D.A.

218 A.D.2d 435 (1996)

638 N.Y.S.2d 973

In the Matter of County of Albany et al., Plaintiffs, v. Albany County Industrial Development Agency, Defendant and Third-Party Plaintiff-Respondent. Exchange Street Associates, Third-Party Defendant-Appellant

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

March 7, 1996

Attorney(s) appearing for the Case

Ganz & Wolkenbreit, Albany (Robert E. Ganz of counsel), for third-party defendant-appellant.

Michael C. Lynch, Albany, for defendant and third-party plaintiff-respondent.

MERCURE, J. P., WHITE and SPAIN, JJ., concur with CASEY, J.; PETERS, J., dissents in a separate opinion.

CASEY, J.

At issue in this appeal is whether Supreme Court erred in concluding that third-party defendant, as the assignee of a lease-purchase agreement, is responsible for payment of certain delinquent water, sewer and fire charges imposed on real property owned by third-party plaintiff. We conclude that, as a matter of law, third-party defendant is not responsible for the charges, either contractually or under...

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