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

191 A.D.2d 422 (1993)

593 N.Y.S.2d 998

Suffolk County Water Authority, Respondent-Appellant, v. J.D. Posillico, Inc., Defendant and Third-Party Plaintiff-Appellant-Respondent. Suffolk County, Third-Party Defendant-Respondent

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

March 1, 1993

Ordered that the appeal and the cross appeal from the order dated September 20, 1990 are dismissed, as that order was superseded by the order dated January 22, 1991, made upon reargument and renewal; and it is further,

Ordered that the order dated January 22, 1991, is affirmed insofar as appealed from; and it is further,

Ordered that the plaintiff and the third-party defendant are awarded one bill of costs.

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