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200 GENESEE ST. CORP. v. CITY OF UTICA

6 N.Y.3d 761 (2006)

844 N.E.2d 742

811 N.Y.S.2d 288

200 GENESEE ST. CORP., Respondent, v. CITY OF UTICA et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided January 10, 2006.

Attorney(s) appearing for the Case

Linda Sullivan Fatata, Corporation Counsel, Utica (William M. Borrill of counsel), for appellants.

Saunders, Kahler, Amoroso & Locke, L.L.P., Utica (Gregory J. Amoroso of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur in memorandum; Judge READ taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, defendants' motion for summary judgment granted, and judgment granted declaring that plaintiff is not entitled to 235 "covered" parking spaces under its 1979 contract with the City of Utica.

We agree with Supreme Court that the 1979 contract clearly and unambiguously provides that defendant agreed to...

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