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RUSSO v. PA. RES. SYS

169 A.D.2d 239 (1991)

R.J. Russo Trucking & Excavating, Inc., Appellant, v. Pennsylvania Resource Systems, Inc., et al., Defendants, and General Insurance Company of America, Respondent

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

July 18, 1991

Attorney(s) appearing for the Case

McCabe & Mack (Paul Caltagirone, Richard A. Mitchell and Lance N. Portman of counsel), for appellant.

Hart & Hume (Benjamin D. Lentz and Peter Reiser of counsel), for respondent.

MAHONEY, P. J., CASEY, WEISS and HARVEY, JJ., concur.

LEVINE, J.

In December 1984, defendant Dutchess County Resource Recovery Agency (hereinafter the Agency), a public benefit corporation, contracted with defendant Pennsylvania Resource Systems, Inc. (hereinafter PRS) for the design, construction and operation of a resource recovery facility to be located in the City of Poughkeepsie, Dutchess County. In conjunction with that contract and pursuant to the requirements...

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