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MATTER OF NEWTOWN CREEK WATER POLLUTION CONTROL PLANT UPGRADE

65 A.D.3d 1241 (2009)

885 N.Y.S.2d 538

In the Matter of NEWTOWN CREEK WATER POLLUTION CONTROL PLANT UPGRADE. MOBIL OIL CORPORATION, Respondent; CITY OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 22, 2009.

Ordered that the appeal from the order, judgment, and decree is dismissed, without costs or disbursements, as the order, judgment, and decree was superseded by the amended order, judgment, and decree; and it is further,

Ordered that amended order, judgment, and decree is modified, on the law, by deleting the provisions thereof awarding 6% interest compounded annually from September 19, 1997, until payment is deposited in an escrow account, and substituting therefor...

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