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WORCESTER CREAMERIES CORP. v. CITY OF NEW YORK

54 A.D.3d 87 (2008)

861 N.Y.S.2d 198

WORCESTER CREAMERIES CORPORATION et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

July 3, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Alan Beckoff of counsel), for appellants.

Young, Sommer, L.L.C., Albany (Kevin M. Young of counsel), for respondents.

SPAIN, J.P., KANE, MALONE JR. and STEIN, JJ., concur.

OPINION OF THE COURT

LAHTINEN, J.

This appeal presents issues regarding the extent to which defendant City of New York is obligated to pay costs incurred by owners of private watershed water treatment plants (hereinafter WWTPs) for the expense of complying with regulations that apply only in the New York City Watershed and exceed all state and federal regulations. Plaintiffs contend that, under the 1997 Watershed Memorandum of Agreement (hereinafter the...

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