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AMERICAN WATER RESOURCES, LLC v. LIU

100404/13

41 Misc.3d 963 (2013)

975 N.Y.S.2d 581

2013 NY Slip Op 23342

In the Matter of AMERICAN WATER RESOURCES, LLC, et al., Petitioners, v. JOHN C. LIU, as Comptroller of the City of New York, Respondent. (Motion Sequence Nos. 001 and 002.)

Supreme Court, New York County.

Decided September 26, 2013.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, White Plains ( Robert A. Spolzino and Mathew T Dudley of counsel), for respondent. K & L Gates, LLP, New York City ( Joanna A. Diakos and Brian D. Koosed of counsel), for American Water Resources, LLC, petitioner. Michael A. Cardozo , Corporation Counsel, New York City ( Andrew Gelfand of counsel), for New York City Water Board, petitioner. New York City Environmental Protection Agency, Flushing (Nancy Hirschmann of counsel).

OPINION OF THE COURT

ALICE SCHLESINGER, J.

On February 1, 2013, the Comptroller of the City of New York responded to a letter by William J. Coury, an attorney for the Subsurface Plumbers Association (SPA). In his initial letter dated October 12, 2012, Coury had inquired as to whether a recent contract executed by the New York City Water Board with American Water Resources (AWR) on July 31, 2012, that provided for plumbing repair work for owners of private...

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