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ROCHESTER FUND MUNICIPALS v. AMSTERDAM MUNICIPAL LEASING CORPORATION

296 A.D.2d 785 (2002)

746 N.Y.S.2d 512

ROCHESTER FUND MUNICIPALS et al., Respondents, v. AMSTERDAM MUNICIPAL LEASING CORPORATION et al., Defendants, and CITY OF AMSTERDAM et al., Appellants.

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

Decided July 25, 2002.

Crew III, J.

In 1990 and 1991, defendant City of Amsterdam executed two consent orders with the Department of Environmental Conservation wherein the City agreed to, inter alia, address the excessive level of sewage sludge generated by its sewage treatment plant. To that end, the City entered into a series of transactions with plaintiffs and defendants regarding the construction and financing of a sludge management facility. Insofar as is relevant to this appeal, such...

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