HENDRICKSON BROS., INC. v. TOWN OF BABYLON


40 N.Y.2d 899 (1976)

Hendrickson Bros., Inc., Respondent, and J. D. Posillico, Inc., Intervenor-Respondent, v. Town of Babylon, Appellant.

Court of Appeals of the State of New York.

Decided October 21, 1976.


Attorney(s) appearing for the Case

Joseph F. Klein and Patrick J. Barton for appellant.

Robert M. Blakeman for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

Plaintiff and plaintiff-intervenor entered into certain contracts with the Department of Environmental Control of Suffolk County for the installation of sewer lines for the Suffolk County Southwest Sewer District No. 3 in areas within the Town of Babylon, some lines to be laid in the beds of town highways. Since ordinances of said town provide for the manner of obtaining approval for street openings, these plaintiffs...

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