NIAGARA FALLS WATER BOARD v. CITY OF NIAGARA FALLS

CA 11-00331.

85 A.D.3d 1664 (2011)

925 N.Y.S.2d 768

2011 NY Slip Op 5305

NIAGARA FALLS WATER BOARD, Respondent, v. CITY OF NIAGARA FALLS, Appellant.

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

Decided June 17, 2011.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, defendant's motion for summary judgment dismissing the second amended complaint is granted and plaintiff's motion to compel discovery is denied.

Memorandum: Plaintiff commenced this action seeking, inter alia, to recover funds allegedly owed to it pursuant to the terms of resolution No. 2003-90 (Resolution), adopted by defendant's City Council, and pursuant to an...

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