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WATER AUTHORITY OF WESTERN NASSAU COUNTY v. LOCKHEED MARTIN CORPORATION

276 A.D.2d 624 (2000)

714 N.Y.S.2d 726

WATER AUTHORITY OF WESTERN NASSAU COUNTY, Respondent-Appellant, v. LOCKHEED MARTIN CORPORATION et al., Appellants-Respondents.

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

Decided October 16, 2000.

Ordered that the cross appeal is dismissed, as the plaintiff is not aggrieved by the order (see, CPLR 5511); and it is further,

Ordered that the order is reversed, on the law, the motion is granted, and the complaint is dismissed; and it is further,

Ordered that the defendants are awarded one bill of costs.

The defendants' motion was, in actuality, one to dismiss the complaint pursuant to CPLR 3211 (a) (5) on the ground that the action was barred...

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