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VILLAGE OF ILION v. HERKIMER

No. 80

23 N.Y.3d 812 (2014)

18 N.E.3d 359

993 N.Y.S.2d 648

2014 NY Slip Op 2973

VILLAGE OF ILION et al., Plaintiffs, and VILLAGE OF HERKIMER, Appellant, v. COUNTY OF HERKIMER, Individually and as Administrator of the HERKIMER COUNTY SELF-INSURANCE PLAN, Respondent, et al., Defendants.

Court of Appeals of New York.

Decided May 1, 2014.

Attorney(s) appearing for the Case

Longstreet & Berry, LLP, Syracuse ( Martha L. Berry and Michael J. Longstreet of counsel), for appellant.

Hinman, Howard & Kattell, LLP, Binghamton ( Albert J. Millus, Jr. , of counsel), for respondent.

Judges GRAFFEO, READ, SMITH and PIGOTT concur with Chief Judge LIPPMAN; Judge ABDUS-SALAAM dissents in part in an opinion in which Judge RIVERA concurs.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The primary issue in this breach of contract action is whether a municipality's liability upon withdrawing from a county self-insurance fund should have been discounted to present value. Under the circumstances presented, we hold that the withdrawal fee reflected benefits to be paid in the future and therefore should have been discounted to its current value as of...

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