Rochester Fund Municipals v. Amsterdam Municipal Leasing Corp.

Appeal from two judgments of the Supreme Court (Sise, J.), entered March 30, 2004 in Montgomery County, which granted plaintiffs’ motion for summary judgment against defendant City of Amsterdam.

In 1990 and 1991, defendant City of Amsterdam executed two consent orders with the Department of Environmental Conservation, wherein the City agreed to abate the excessive level of sewage sludge generated by its sewage treatment plant. To that end, the City contracted for the construction of a new sludge processing facility. The project was financed through the issuance of municipal bonds, and payment…