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JAMES B. NUTTER & CO v. COUNTY

No. 19.

39 N.Y.3d 350 (2023)

209 N.E.3d 1255

188 N.Y.S.3d 429

2023 NY Slip Op 01469

JAMES B. NUTTER & COMPANY, Appellant, v. COUNTY OF SARATOGA et al., Respondents, et al., Defendants.

Court of Appeals of New York.

Decided March 21, 2023.

Attorney(s) appearing for the Case

K&L Gates LLP, New York City ( Gregory N. Blase and Priya Chadha of counsel) and Harrisburg, Pennsylvania ( David R. Fine , admitted pro hac vice, of counsel), for appellant.

Bartlett, Pontiff, Stewart & Rhodes, P.C., Glens Falls ( Karla Williams Buettner of counsel), for respondents.

Pacific Legal Foundation, Arlington, Virginia ( Jonathan M. Houghton of counsel) and Sacramento, California ( Deborah J. La Fetra of counsel), for Pacific Legal Foundation, amicus curiae.

OPINION OF THE COURT

APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered June 24, 2021. The Appellate Division affirmed an order of the Supreme Court, Saratoga County (Ann C. Crowell, J.; op 2020 NY Slip Op 35411...

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