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ERIE COUNTY WATER AUTH. v. WESTERN NEW YORK WATER CO.

279 A.D. 712 (1951)

Erie County Water Authority, Respondent, v. Western New York Water Company et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 16, 1951.

Order affirmed, with $10 costs and disbursements.

Memorandum:

We affirm the order denying appellants' motion on the sole ground that the Erie County Court had no jurisdiction to grant the relief sought. (See Judiciary Law, § 90, subd. 2; People ex rel. Karlin v. Culkin, 248 N.Y. 465.)

All concur, except VAUGHAN, J., who dissents and votes for reversal of the order and dismissal of the proceeding in the following memorandum...

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