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  5. 80 N.Y.2d 938 (1992)
 

BUFFALO & ERIE COUNTY PUB. LIBRARY v. COUNTY OF ERIE

80 N.Y.2d 938 (1992)

Buffalo and Erie County Public Library, Respondent, v. County of Erie, Appellant.

Court of Appeals of the State of New York.

Decided October 15, 1992.

Attorney(s) appearing for the Case

Patrick H. NeMoyer, County Attorney, Buffalo (Alan P. Gerstman of counsel), for appellant.

Kennedy, Stoeckl & Martin, P. C., Buffalo (Patrick E. Martin of counsel), for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge SMITH.

Order affirmed, with costs, for the reasons stated in the opinion by Justice John P. Balio at the Appellate Division (171 A.D.2d 369

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