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MATTER OF LATERAL SEWER 2005 OF THE SOUTHWEST SEWER DIST. IN THE COUNTY OF SUFFOLK v. VIC MARTIN CONSTR. CORP.

113 A.D.2d 799 (1985)

In the Matter of Lateral Sewer 2005 of the Southwest Sewer District in the County of Suffolk, Also Known as Suffolk County Sewer District No. 3 — Southwest, Appellant, v. Vic Martin Construction Corp., Respondent

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

September 9, 1985

Judgment modified, on the law and the facts, by (1) reducing the award to respondent from the principal sum of $42,573 to the principal sum of $16,273, plus interest of 9% from October 26, 1982, and (2) adding a provision that the sum of $26,300 plus interest of 9% from October 26, 1982, be deposited by appellant with the Treasurer of the County of Suffolk, to draw 9% interest, and be subject to the ultimate judicial determination of the condemnation damages to be awarded...

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