It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum:
Plaintiff commenced this action seeking, inter alia, to recover certain sums charged by defendant for benefits provided by plaintiff to defendant's former employees who had been assigned to defendant's water, wastewater and stormwater system (water system) and who retired prior to plaintiff's acquisition of the water system. In 2003 the parties and the Niagara...
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