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IN THE MATTER OF CITY OF TONAWANDA v. STATE

28 A.D.3d 1086 (2006)

813 N.Y.S.2d 327

In the Matter of CITY OF TONAWANDA, Respondent, v. STATE OF NEW YORK et al., Appellants.

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

April 28, 2006.

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

Memorandum:

Respondents appeal from a judgment that, inter alia, granted the "petition" in part and granted judgment in favor of petitioner declaring that respondents are required to defend petitioner in the underlying wrongful death action. It is undisputed that respondents and petitioner entered into an agreement for maintenance and repair...

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