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NATIONAL FUEL GAS DISTRIBUTION CORP. v. NIAGARA FALLS WATER BD.

967 CA 19-02325.

194 A.D.3d 1443 (2021)

143 N.Y.S.3d 646

2021 NY Slip Op 02951

National Fuel Gas Distribution Corporation, Respondent, v. Niagara Falls Water Board, Appellant.

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

Decided May 7, 2021.

Attorney(s) appearing for the Case

SEAN W. COSTELLO , GENERAL COUNSEL, NIAGARA FALLS, FOR DEFENDANT-APPELLANT.

WILDER & LINNEBALL, LLP, BUFFALO ( LAURA A. LINNEBALL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Carni, Troutman, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this action arising from an incident in which an underground water main owned and operated by defendant broke and flooded the area of 18th Street in the City of Niagara Falls, causing damage to plaintiff's underground gas main, defendant appeals from an order that, inter alia, denied its motion to dismiss the complaint in its entirety or to strike from the complaint...

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