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NIAGARA FRONTIER TRANSPORTATION AUTHORITY v. CITY OF BUFFALO SEWER AUTHORITY

1 A.D.3d 893 (2003)

769 N.Y.S.2d 667

NIAGARA FRONTIER TRANSPORTATION AUTHORITY, Respondent, v. CITY OF BUFFALO SEWER AUTHORITY, Appellant-Respondent, FREEWAY CONTRACTING CO., INC., Respondent, and O'BRIEN & GERE ENGINEERS, INC., Respondent-Appellant.

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

November 21, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action in 1983 alleging that defendants were negligent in excavating and relocating parts of the sewer system in the City of Buffalo in connection with plaintiff's development of a light rail transit system. Defendant City of Buffalo Sewer Authority (BSA) contracted with defendant O'Brien & Gere Engineers...

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