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ALLISON v. ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY

16 Misc.3d 445 (2007)

837 N.Y.S.2d 491

TIMOTHY ALLISON, Plaintiff, v. ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY et al., Defendants. (Action No. 1.) JEFFREY RUTHERFORD, Plaintiff, v. ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY et al., Defendants. (Action No. 2.)

Supreme Court, Erie County.

April 27, 2007.

Attorney(s) appearing for the Case

Hurwitz & Fine, P.C., Buffalo (Michael F. Perley of counsel), for Erie County Industrial Development Agency, defendant.

David M. Gregory, Buffalo, for Niagara Frontier Transportation Authority, defendant.

Jaeckle, Fleischmann & Mugel, LLP, Williamsville (Anthony J. Latona and Howard Rosenhoch of counsel), for Ciminelli Development Company, Inc., defendant.

Paul William Beltz, P.C., Buffalo (Anne B. Rimmler of counsel), for plaintiffs.

Lester, Schwab, Katz & Dwyer, LLP, New York City (Harry Steinberg of counsel), for Fireman's Fund Insurance Companies.

OPINION OF THE COURT

JOSEPH G. MAKOWSKI, J.

The Present Motions

This matter comes before the court by way of order to show cause granted by the court on February 15, 2007 brought by defendants Erie County Industrial Development Agency (hereinafter referred to as ECIDA) and Niagara Frontier Transportation Authority (hereinafter referred to as NFTA) and Ciminelli Development Co., Inc., requesting relief pursuant to CPLR 2001 and 5021 (a) (2) as described...

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