SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
June 19, 1969
MONROE COUNTY WATER AUTHORITY, RESPONDENT,
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.
Order unanimously affirmed, with costs.
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