ULSTER COUNTY ATTORNEY BEATRICE HAVRANEK Count ores CLINTON G-J0HNSON taste County Atoricy Assistant County tornys Jonaraaa rence Emonanpunt TO: HonraleMoner fhe ter Coy Leg: FROM: Beare Hove, af} aun Ato DATE: Decor 23,2015 RE: Call Moun Raion Conpary, nv Coty of Ut ony Ulster County Supreme Court Index No. 13-2352 {Lam pleased to announce that Supreme Court Justice Richard Mot issued a decision in the lawsuit filed against the County by the Catskill Mountain Railroad (“CMR”) that favors the County. CMRR and the County had each moved for partial summary judgment inthe case. Judge Mott upteld the enforceabiliyof the County's Notice of Defult ofthe Lease a to CMRR’sfuilure to rehabilitate and maintain track, to propery calculate rent payments, and to keep fll and proper records ofits gross reverie. The judge alo denied CMRR's motion for summary judgment regarding CMRR's failure to obttin Owner Liability Protection Insurance covera. Judge Mort found that CMRR “conceded the breach ofits obligations to rehabilitate tack and to maintain to Class | standard and to maintain the wack fice of brush and debris.” The court's decision further rejected CMR’ atempt to impose upon the County an obligation to repair track supporting stectures, 19 help CMRR obtain federal fund, including FEMA funds, or to help CMRR obtain grants for tht purpose. In doing so, Judge Mot dismissed CMRR's ease of action that claimed the County breached an implied duty of good faith and fair dealing under the Lease A copy ofthe Decision/Order of Hon. Richard Mott dated December 21,2015 is enclosed, ce: Honorable Michael P. Hein, County Executive Adele B Reiter, Chief of Staff Victoria Fabell, Clerk ofthe Legislature Cappy Weiner, Esq. Legislative Counsel Erica Guerin, Esq, Legislative Counsel (Christopher Ragucei, Es, Legislative Counsel Kenneth Crannel, Deputy County Executive Rober Sudlow, Deputy County Executive Burton Gulnick, Je, Commissioner of Finance {Par Set PO si, ngs NewYork 1102 HEEMIEAGS- Fes BESBURIOL_ Sey em or managed