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TRI-MUN. SEWER COMM'N v. CONT'L INS. CO.

223 A.D.2d 639 (1996)

636 N.Y.S.2d 856

Tri-Municipal Sewer Commission, Appellant, v. Continental Insurance Company, Respondent

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

January 22, 1996

Ordered that the order and judgment is affirmed, with costs.

The plaintiff designed, constructed, and maintained a sewage treatment plant in the Town of Poughkeepsie pursuant to an agreement between the Village of Wappingers Falls and the Town of Poughkeepsie. During the start-up phase of the plant's operation, an adjoining property owner sued the plaintiff, complaining that odors emanating from the plant had damaged him and his property. The plaintiff, in turn, tendered...

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