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NY MUN. POWER v. MASSENA

531465.

197 A.D.3d 83 (2021)

2021 NY Slip Op 04268

NEW YORK MUNICIPAL POWER AGENCY, Appellant-Respondent, v. TOWN OF MASSENA et al., Respondents-Appellants, et al., Defendants.

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

Decided July 8, 2021.

Attorney(s) appearing for the Case

Costello, Cooney & Fearon, PLLC, Syracuse ( Matthew W. O'Neil of counsel), for appellant-respondent.

Hancock Estabrook, LLP, Syracuse ( Janet D. Callahan of counsel), for respondents-appellants.

CLARK, AARONS, REYNOLDS FITZGERALD and COLANGELO, JJ., concur.

OPINION OF THE COURT

Cross appeals from an order of the Supreme Court (Farley, J.), entered April 22, 2020 in St. Lawrence County, which partially denied plaintiff's motion to dismiss certain counter-claims.

This case comes before us for a second time (188 A.D.3d 1517 [2020]). As...

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