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TOWN OF BABYLON v. LIZZA INDUS., INC.

191 A.D.2d 425 (1993)

593 N.Y.S.2d 1001

Town of Babylon, Respondent, v. Lizza Industries, Inc., Defendant and Third-Party Plaintiff-Appellant. 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Ordered that the appeal from the order dated September 20, 1990, is dismissed, as that order was superseded by the order dated January 18, 1991, made upon reargument and renewal, and it is further,

Ordered that the order dated January 18, 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.

In the mid to late 1970's, the third-party defendant Suffolk ...

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