Herkimer County Industrial Development Agency v. Village of Herkimer

Appeal from a judgment (denominated order) of the Supreme Court, Herkimer County (Erin E Gall, J.), entered June 17, 2013 in a declaratory judgment action. The judgment granted the motion of defendant County of Herkimer for summary judgment against defendant Village of Herkimer and denied the cross motion of defendant Village of Herkimer for summary judgment.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reinstating the second counterclaim in the amended answer of defendant Village of Herkimer, and by granting judgment in favor of plaintiff and…