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LABORERS' INTL. UNION v. DOT

280 A.D.2d 66 (2001)

719 N.Y.S.2d 354

In the Matter of LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL NO. 17, et al., Respondents, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION, Appellant.

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

January 18, 2001.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Frank K. Walsh of counsel), for appellant.

Meyer, Suozzi, English & Klein, P. C., Mineola (Marty G. Glennon of counsel), for respondents.

CARDONA, P.J., CREW III, PETERS and ROSE, JJ., concur.

OPINION OF THE COURT

MERCURE, J.

Respondent is the owner of Stewart Airport in Orange County. On March 26, 1998, respondent and Cargex Newburgh Limited Partnership, the "construction arm of Federal Express" (hereinafter FedEx), entered into a ground lease (hereinafter the lease) for construction of an approximately 125,443-square-foot building with associated vehicle parking, truck docking and related improvements for use as a FedEx sorting and distribution...

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