County of Albany v. Albany County Industrial Development Agency

OPINION OF THE COURT

Casey, J.

At issue in this appeal is whether Supreme Court erred in concluding that third-party defendant, as the assignee of a lease-purchase agreement, is responsible for payment of certain delinquent water, sewer and fire charges imposed on real property owned by third-party plaintiff. We conclude that, as a matter of law, third-party defendant is not responsible for the charges, either contractually or under common law. Supreme Court’s judgment should, therefore, be reversed.

Third-party plaintiff acquired the subject premises, the former Tobin Packing Plant in the Town…