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BRECO ENVIRONMENTAL CONTRACTORS, INC. v. TOWN OF SMITHTOWN

31 A.D.3d 359 (2006)

818 N.Y.S.2d 244

BRECO ENVIRONMENTAL CONTRACTORS, INC., Plaintiff, v. TOWN OF SMITHTOWN, Defendant and Third-Party Plaintiff. R.E. PUSTERINO, P.C., Third-Party Defendant. (Action No. 1.) RUTTURA & SONS CONSTRUCTION COMPANY, Plaintiff, v. BRECO ENVIRONMENTAL CONTRACTORS, INC., et al., Defendants. (Action No. 2.) TULLY ENVIRONMENTAL, INC., Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant. (Action No. 3.) BRECO ENVIRONMENTAL CONTRACTORS, INC., Plaintiff, v. TOWN OF SMITHTOWN, Defendant. (Action No. 4.) DURANTE BROS. CONSTRUCTION CORP., Plaintiff, v. BRECO ENVIRONMENTAL CONTRACTORS, INC., Defendant. (Action No. 5.) BRECO ENVIRONMENTAL CONTRACTORS, INC., Respondent, v. TOWN OF SMITHTOWN, Appellant. (Action No. 6.) BRECO ENVIRONMENTAL CONTRACTORS, INC., Plaintiff, v. TOWN OF SMITHTOWN, Defendant. (Action No. 7.)

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

July 5, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

This is one of seven related actions, four of which were commenced by Breco Environmental Contractors, Inc. (hereinafter Breco), against the defendant Town of Smithtown, to recover damages for breach of contract. This action arises out of a contract to provide construction services in connection with a landfill capping and closure project. The action...

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