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HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY v. VILLAGE OF HERKIMER

CA 10-00573

84 A.D.3d 1706 (2011)

921 N.Y.S.2d 920

HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY, Appellant, v. VILLAGE OF HERKIMER, Respondent, and COUNTY OF HERKIMER, Appellant. (Appeal No. 1.)

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

Decided May 6, 2011.

It is hereby ordered that the appeal by defendant County of Herkimer from that part of the judgment denying its motion for summary judgment is unanimously dismissed (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 A.D.2d 985 [1990]) and the judgment is modified on the law by denying the motion of defendant Village of Herkimer in its entirety, reinstating the complaint against that defendant and reinstating the cross claims of...

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