Adair v Municipal Util. Commn. of Vil. of Bath
2009 NY Slip Op 04552 [63 AD3d 1606]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


Robin Adair et al., Respondents, v Municipal Utility Commission of the Village of Bath, Doing Business as Bath Electric, Gas and Water Systems, et al., Appellants.

—[*1] Harris Beach PLLC, Pittsford (Edward A. Trevvett of counsel), for defendants-appellants.

Nancy E. Hoffman, Albany (Paul S. Bamberger of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Steuben County (Marianne Furfure, A.J.), entered May 5, 2008 in a breach of contract action. The order denied defendants' motion to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Hurlbutt, J.P., Martoche, Fahey, Carni and Pine, JJ.