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LONG ISLAND SOUND, LLC v. O'BRIEN & GERE ENGINEERS, INC.

25 A.D.3d 668 (2006)

811 N.Y.S.2d 722

LONG ISLAND SOUND, LLC, Appellant-Respondent, v. O'BRIEN & GERE ENGINEERS, INC., Respondent-Appellant.

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

January 24, 2006.

Ordered that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The plaintiff retained the defendant to perform an environmental inspection of certain property. The plaintiff commenced the instant action to recover damages for negligence and breach of contract based on the defendant's failure to discover the presence of a class V injection well during the inspection. Prior to the trial, the defendant moved, inter...

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