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GIFFORD CONSTR. CO., INC. v. HAMILTON PARK CONSTR. CO., INC.

19 A.D.2d 717 (1963)

Gifford Construction Co., Inc., Plaintiff, v. Hamilton Park Construction Co., Inc., Defendant and Third-Party Plaintiff-Respondent. Charles Donahue et al., Constituting The Board of Water Commissioners of Garden City Park Water District, Third-Party Defendants-Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 1, 1963

Order of the Appellate Term affirmed, without costs.

The Board of Water Commissioners contend that they cannot be sued because they do not constitute a separate legal entity and are merely an arm of the town government. The answer to this contention was given by the Court of Appeals in Bernardine v. City of New York (294 N.Y. 361, 365) when it said: "The legal irresponsibility heretofore enjoyed by these governmental units was nothing more than an extension...

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