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ELDOR CONTRACTING CORP. v. COUNTY OF NASSAU

296 A.D.2d 435 (2002)

744 N.Y.S.2d 896

ELDOR CONTRACTING CORP., Respondent-Appellant, v. COUNTY OF NASSAU, Defendant and Third-Party Plaintiff-Appellant-Respondent. CENTRUM CONSTRUCTION CO., INC., et al., Third-Party Defendants-Appellants-Respondents. (And Another Third-Party Action.)

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

Decided July 8, 2002.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's motion which was for summary judgment on its first cause of action, and substituting therefor a provision granting that branch of the plaintiff's motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the plaintiff, payable by the appellants-respondents appearing separately and filing separate...

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