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BABYLON ASSOCS. v. SUFFOLK

89 A.D.2d 57 (1982)

Babylon Associates, Respondent, v. County of Suffolk, Appellant

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

October 7, 1982

Attorney(s) appearing for the Case

George P. Felleman of counsel (Allen M. Smith, Jonathan Sinnreich and Elizabeth Koltun with him on the brief; David J. Gilmartin and Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for appellant.

Harry P. Sacks of counsel (Stuart M. Levine and Frederick R. Rohn with him on the brief; Sacks, Montgomery, Pastore & Levine, P. C., attorneys), for respondent.

MURPHY, P. J., SULLIVAN, CARRO and MILONAS, JJ., concur.

Per Curiam.

Plaintiff Babylon Associates contracted with defendant, the County of Suffolk, to perform the general construction work on the Bergen Point Water Pollution Control Plant. That plant was one of the principal facilities of the Suffolk County Southwest Sewer District project ("the project"). Although a county must normally be sued in that county (CPLR 504, subd 1), Babylon chose to sue Suffolk for breach of...

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