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ZITO v. COUNTY OF SUFFOLK

22003/2006.

2008 NY Slip Op 51655 (U)

JOSEPH ZITO, individually and as successor in interest to MARY ZITO, NANCY ZITO, CATHERINE COMMISSO, VINCENT ZITO and FRANK ZITO, Plaintiff, v. COUNTY OF SUFFOLK, Defendant.

Supreme Court of the State of New York, Suffolk County.

Decided May 23, 2008.

Attorney(s) appearing for the Case

Attorney for Plaintiff: Kressel Rothlein Walsh & Roth, LLC, Massapequa, NY.

Attorney for Defendants: Christopher M. Gatto, Esq., Christine Malafi, Esq., Hauppauge, NY.

WILLIAM B. REBOLINI, J.

This is an action brought against the County of Suffolk (hereinafter the County) for breach of an agreement and unjust enrichment. The County now brings this motion to dismiss pursuant to CPLR 3211 basically upon the grounds of Statute of Frauds and Statute of Limitations.

According to the plaintiff, sometime around 1992 and 1993 the County was undertaking a project to expand a road and was seeking to acquire certain property through...

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