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MATTER OF RIEDMAN ACQUISITIONS, LLC v. TOWN BD. OF TOWN OF MENDON

1003 CA 19-02293.

194 A.D.3d 1444 (2021)

2021 NY Slip Op 02952

In the Matter of Riedman Acquisitions, LLC, et al., Respondents, v. Town Board of Town of Mendon, Appellant. (Appeal No. 1.).

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

Decided May 7, 2021.

Attorney(s) appearing for the Case

SHELDON W. BOYCE, JR. , TOWN ATTORNEY, ROCHESTER ( DAVID C. SIELING OF COUNSEL), FOR RESPONDENT-DEFENDANT-APPELLANT.

FORSYTH, HOWE, O'DWYER, KALB & MURPHY, P.C., ROCHESTER ( ROBERT B. KOEGEL OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-RESPONDENTS.

Present—Carni, J.P., Curran, Winslow and DeJoseph, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying those parts of the petition/complaint seeking attorneys' fees and seeking to compel respondent/defendant to execute the new Sewer Transmission Agreement and Maintenance Contract, and granting judgment in favor of petitioners/plaintiffs as follows:

It is adjudged and declared that the Sewer Transmission Agreement and Maintenance Contract, executed September 22, 2006...

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