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HERITAGE SPRINGS v. BOGHOSIAN

Index Nos. 2006-1508, 2011-1551, EF20211169.

76 Misc.3d 653 (2022)

173 N.Y.S.3d 443

2022 NY Slip Op 22230

HERITAGE SPRINGS SEWER WORKS, INC., Plaintiff, v. THOMAS BOGHOSIAN et al., Defendants. (Action No. 1.) HILO, LLC, et al., Plaintiffs, v. TOWN OF MILTON et al., Defendants. (Action No. 2.) HILO, LLC, et al., Plaintiffs, v. HERITAGE SPRINGS SEWER WORKS, INC., Defendant. (Action No. 3.)

Supreme Court, Saratoga County.

Decided July 26, 2022.

Attorney(s) appearing for the Case

Walsh & Walsh, LLP, Saratoga Springs (Joseph M. Walsh and Jesse P. Schwartz of counsel), for Heritage Springs Sewer Works, Inc., plaintiff in the first above-entitled action and defendant in the second and third above-entitled actions.

Whiteman Osterman & Hanna LLP, Albany (John J. Privitera of counsel), for Hilo, LLC and another, plaintiffs in the second and third above-entitled actions.

Whiteman Osterman & Hanna LLP, Albany (John J. Privitera of counsel), for Thomas Boghosian and another, defendants in the first above-entitled action and plaintiffs in the second and third above-entitled actions.

Brown, Craig and Hunt, Ballston Spa (James P. Craig of counsel), for Town of Milton and others, defendants in the second above-entitled action.

OPINION OF THE COURT

The parties to this litigation have a long and protracted history spanning over two decades. By way of background, in 1987 the Town of Milton (hereinafter the Town), Saratoga County, consented to the incorporation of Heritage Springs Sewer Works, Inc. (hereinafter HSSW) as a sewage-works corporation...

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