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CROW-CRIMMINS-WOLFF & MUNIER v. COUNTY OF WESTCHESTER

90 A.D.2d 785 (1982)

Crow-Crimmins-Wolff & Munier, Plaintiff, v. County of Westchester, Defendant, and Aetna Casualty and Surety Company et al., Additional Counterclaim Defendants. Crow-Crimmins-Wolff & Munier, Third-Party Plaintiff-Appellant; Greeley and Hansen Engineers, Third-Party Defendant-Respondent

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

November 8, 1982

Order reversed, with $50 costs and disbursements, the motion to dismiss is denied and the third-party complaint is reinstated.

The parties in the main action executed a contract for the construction of a sewage treatment plant in Yonkers. Plaintiff contractor commenced an action against defendant County of Westchester seeking payment for its work performed in connection with the subject project. The county counterclaimed for

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