TOWN OF MEXICO v. COUNTY OF OSWEGO

243 CA 18-01946.

175 A.D.3d 876 (2019)

2019 NY Slip Op 06242

Town of Mexico, Appellant, v. County of Oswego et al., Respondents.

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

Decided August 22, 2019.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the motion in part and reinstating the breach of contract cause of action insofar as it alleges that defendants waived the 30-day billing deadline, and as modified the judgment is affirmed without costs.

Memorandum: In this action to recover damages for, inter alia, breach of contract, plaintiff appeals from a judgment granting defendants' pre-answer motion to dismiss...

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