UP STATE TOWER CO., L.L.C. v. TOWN OF CHEEKTOWAGA

856 CA 19-02291.

188 A.D.3d 1664 (2020)

132 N.Y.S.3d 354

2020 NY Slip Op 06637

Up State Tower Co., L.L.C., et al., Appellants, v. Town of Cheektowaga, Respondent.

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

Decided November 13, 2020.


It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by reinstating the complaint to the extent that it seeks declarations in the fourth and sixth causes of action and granting judgment in favor of defendant as follows:

It is adjudged and declared that there is no agreement between the parties, and as modified the order and judgment is affirmed without costs.

Memorandum...

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