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  5. 138 A.D.2d 446 (1988)
 

EDWARD B. FITZPATRICK, JR. CONSTR. CORP. v. COUNTY OF SUFFOLK

138 A.D.2d 446 (1988)

Edward B. Fitzpatrick, Jr. Construction Corp. and Arundel Corporation, a Joint Venture, Respondent-Appellant, v. County of Suffolk, Defendant, and Charles T. Walsh et al., Appellants-Respondents

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

March 14, 1988

Ordered that the order is modified, on the law, by deleting the provision thereof which denied those branches of the motion and cross motion which were to dismiss the sixth, seventh and eighth causes of action asserted in the second amended complaint, and substituting therefor a provision granting those branches of the motion and cross motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from; and it is further,

Ordered that the plaintiff...

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