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SUFFOLK COUNTY WATER AUTH. v. J. D. POSILLICO, INC.

145 A.D.2d 623 (1988)

Suffolk County Water Authority, Respondent, v. J. D. Posillico, Inc., Appellant

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

December 30, 1988

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant is a contractor which allegedly installed sewers beneath the plaintiff's in-ground water mains pursuant to contracts with Suffolk County which is not a party to this action. During and subsequent to the defendant's work, hundreds of water main breaks occurred in areas excavated and backfilled by the defendant. On November 21, 1985, the...

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