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BRECO ENVIRONMENTAL CONTRACTORS, INC. v. TOWN OF SMITHTOWN

307 A.D.2d 330 (2003)

762 N.Y.S.2d 822

BRECO ENVIRONMENTAL CONTRACTORS, INC., Respondent-Appellant, v. TOWN OF SMITHTOWN, Defendant and Third-Party Plaintiff-Appellant-Respondent, et al., Third-Party Defendant.

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

Decided July 28, 2003.

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the order is reversed insofar as cross-appealed from, and that branch of the motion of the Town of Smithtown which was for leave to amend its answer to include a counterclaim alleging fraud is denied; and it is further,

Ordered that one bill of costs is awarded to the respondent-appellant.

Breco Environmental Contractors, Inc. (hereinafter Breco), and the Town...

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