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LONG ISLAND LIGHTING CO. v. COUNTY OF SUFFOLK

166 A.D.2d 556 (1990)

Long Island Lighting Company, Respondent, v. County of Suffolk, Appellant

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

October 15, 1990

Ordered that the order is affirmed, with costs.

The instant action concerns the alleged failure of the defendant County of Suffolk to fulfill a contractual obligation to prepare an emergency evacuation plan for the plaintiff Long Island Lighting Company (hereinafter LILCO). Accepting as true the allegations of LILCO's complaint on this motion pursuant to CPLR 3211 (a) (7) to dismiss (see, 219 Broadway Corp. v Alexander...

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