Niagara Falls Water Board v. City of Niagara Falls

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered May 5, 2010. The order, among other things, granted plaintiffs motion to compel and denied defendant’s motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, defendant’s motion for summary judgment dismissing the second amended complaint is granted and plaintiffs motion to compel discovery is denied.

Memorandum: Plaintiff commenced this action seeking, inter alia, to recover funds allegedly owed to it pursuant to the terms…