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STATE OF NEW YORK v. J.D. POSILLICO, INC.

277 A.D.2d 753 (2000)

716 N.Y.S.2d 769

STATE OF NEW YORK, Appellant, v. J.D. POSILLICO, INC., et al., Respondents.

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

Decided November 22, 2000.

Graffeo, J.

Plaintiff commenced this common-law indemnification action after judgment was entered against it in a Court of Claims action brought by U-Do-It Self Service Holding Company, the owner of real property located adjacent to State Route 110 in the Town of Babylon, Suffolk County. As part of a 1.7-mile road reconstruction project in that area, plaintiff acquired a temporary easement over U-Do-It's parcel through eminent domain proceedings. U-Do-It was compensated...

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