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MATTER OF VILLAGE OF DELHI v. TOWN OF DELHI

508532.

72 A.D.3d 1476 (2010)

900 N.Y.S.2d 168

In the Matter of VILLAGE OF DELHI et al., Respondents, v. TOWN OF DELHI et al., Appellants.

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

Decided April 29, 2010.

Cardona, P.J.

At issue in this combined CPLR article 78 proceeding and declaratory judgment action is which of two municipalities located in Delaware County is responsible for the maintenance and repair of a concrete structure known as the Woolerton Street Bridge (hereinafter WSB). The WSB spans 18 feet, 6 inches in length and provides passage to the public over Steele Brook. It is undisputed that petitioner Village of Delhi (hereinafter the Village) constructed the...

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