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NY TEL CO v. COUNTY ASPHALT

86 Misc.2d 958 (1976)

New York Telephone Company, Plaintiff, v. County Asphalt, Inc., Defendant.

Supreme Court, Special Term, Ulster County.

April 13, 1976

Attorney(s) appearing for the Case

Robert P. Roche and Jed B. Wolkenbreit for defendant. Casey, Yanas & Mitchell (George E. Ashley of counsel), for plaintiff.

HAROLD J. HUGHES J.

Defendant has moved, pursuant to CPLR 3025 (subd [b]), for leave to serve an amended answer containing a counterclaim.

This action was commenced on July 25, 1974 by service of a summons and a complaint alleging that plaintiff sustained damages to its underground facilities as the result of defendant's negligent performance of a State highway construction contract during the period...

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