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MONROE COUNTY WATER AUTHORITY v. CITY ROCHESTER (06/19/69)

June 19, 1969

MONROE COUNTY WATER AUTHORITY, RESPONDENT,
v.
CITY OF ROCHESTER, APPELLANT



Appeal from order of Monroe-Special Term granting motion to dismiss second defense and counterclaim.

Goldman, P. J., Marsh, Witmer, Bastow and Henry, JJ.

Memorandum: We hold that the order is appealable, and affirm on the merits. A sufficient declaration of rights has been made. Respondent has not shown that the public interest cannot be served as it deems best within the framework of the contract.

Disposition

Order unanimously affirmed, with costs.

19690619

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