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Herkimer County v. Village of Herkimer

Appellate Division of the Supreme Court of New York, Fourth Department
May 6, 2011
84 A.D.3d 1706 (N.Y. App. Div. 2011)

Opinion

No. CA 10-00573.

May 6, 2011.

Appeals from a judgment (denominated order) of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered June 17, 2009. The judgment denied the motion of defendant County of Herkimer for summary judgment and granted the motion of defendant Village of Herkimer for summary judgment.

ROBERT J. MALONE, COUNTY ATTORNEY, HERKIMER (LORRAINE H. LEWANDROWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.

KERNAN AND KERNAN, P.C., UTICA (MICHAEL H. STEPHENS OF COUNSEL), FOR PLAINTIFF-APPELLANT.

LONGSTREET BERRY, LLP, SYRACUSE (MICHAEL LONGSTREET OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present — Scudder, P.J., Centra, Sconiers, Gorski and Martoche, JJ.


It is hereby ordered that the appeal by defendant County of Herkimer from that part of the judgment denying its motion for summary judgment is unanimously dismissed ( see Loafin' Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985) and the judgment is modified on the law by denying the motion of defendant Village of Herkimer in its entirety, reinstating the complaint against that defendant and reinstating the cross claims of defendant County of Herkimer and as modified the judgment is affirmed without costs.

Same memorandum as in Herkimer County Indus. Dev. Agency v Village of Herkimer ( 84 AD3d 1707).


Summaries of

Herkimer County v. Village of Herkimer

Appellate Division of the Supreme Court of New York, Fourth Department
May 6, 2011
84 A.D.3d 1706 (N.Y. App. Div. 2011)
Case details for

Herkimer County v. Village of Herkimer

Case Details

Full title:HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY, Appellant, v. VILLAGE OF…

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

Date published: May 6, 2011

Citations

84 A.D.3d 1706 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 3745
924 N.Y.S.2d 914
921 N.Y.S.2d 920