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  5. 46 N.Y.2d 960 (1979)
 

LE CESSE BROS. CONTRACTING, INC. v. TOWN BD. OF THE TOWN OF WILLIAMSON

46 N.Y.2d 960 (1979)

Le Cesse Bros. Contracting, Inc., Respondent, v. Town Board of the Town of Williamson, Respondent, and Murray Walter, Inc., Appellant.

Court of Appeals of the State of New York.

Decided March 20, 1979.

Attorney(s) appearing for the Case

Rodney A. Richards and Bruce O. Becker for appellant.

Douglas S. Gates for Le Cesse Bros. Contracting, Inc., respondent.

Charles J. Dittmar for Town of Williamson, respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.

Order affirmed, with costs, for the reasons stated in the opinion by Mr. Justice RICHARD D. SIMONS at the Appellate Division (62 A.D.2d 28).

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