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HERITAGE SPRINGS SEWER WORKS, INC. v. BOGHOSIAN

61 A.D.3d 1038 (2009)

875 N.Y.S.2d 635

HERITAGE SPRINGS SEWER WORKS, INC., Respondent, v. THOMAS BOGHOSIAN et al., Defendants and Third-Party Plaintiffs-Appellants. TOWN OF MILTON, Third-Party Defendant-Respondent.

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

Decided April 2, 2009.

STEIN, J.

In 1987, the Town of Milton, Saratoga County consented to the incorporation of plaintiff as a sewage-works corporation in accordance with Transportation Corporations Law § 116. Since that time, plaintiff's initial authority to provide sewage disposal services in the town to a 40-acre planned development district has been expanded to allow it to service a larger area.

In 1998, plaintiff entered into an agreement with defendants whereby plaintiff...

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