County of Niagara v. Town of Niagara

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered May 31, 2007. The order denied defendant’s pre-answer motion to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order denying its pre-answer motion seeking dismissal of the complaint against it. As we determined in County of Niagara v Town of Royalton (48 AD3d 1072 [2008]), plaintiff, County of Niagara (County), was authorized by a resolution of the County Legislature to commence this action…