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ALBERT SAGGESE, INC. v. TOWN OF HEMPSTEAD

100 A.D.2d 885 (1984)

Albert Saggese, Inc., and Anthony Rivera Construction Co., Inc., a Joint Venture, Plaintiff and Fourth-Party Defendant-Respondent-Appellant, v. Town of Hempstead, Defendant and Third-Party Plaintiff-Appellant-Respondent. Royal Indemnity Company, Third-Party Defendant and Fourth-Party Plaintiff-Respondent; Albert Saggese, Fourth-Party Defendant-Respondent-Appellant

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

April 16, 1984

¶ Judgment modified, on the law and the facts, by (1) reducing the damages awarded in the first decretal paragraph from the principal sum of $116,679.32 to the principal sum of $54,060; (2) deleting the second and third decretal paragraphs, and substituting therefor provisions dismissing Royal Indemnity Company's first, second, third and fourth counterclaims against the town, and on its fifth counterclaim against the town, awarding it the principal sum of $5,628 for...

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