Jennings v. City of Glens Falls Industrial Development Agency

Appeal from a judgment of the Supreme Court (Moynihan, Jr., J.), entered November 6, 2002 in Warren County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.

In 1985, the parties entered into a sale and leaseback agreement with plaintiff conveying certain real property to defendant in exchange for financial assistance in constructing and *963operating a manufacturing business on the property. The parties’ lease required, plaintiff to make monthly payments on the resulting bank loan and payments in lieu of taxes (hereinafter PILOTs) as specified in an…