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TOWN OF ANGELICA v. SMITH

CA 11-00323.

89 A.D.3d 1547 (2011)

933 N.Y.S.2d 480

2011 NY Slip Op 8434

TOWN OF ANGELICA, Appellant, v. JOEL S. SMITH, Individually and as President of Aggressive Company, Inc., Doing Business as Diversified Contracting Company, et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 18, 2011.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying defendants' motion in its entirety and reinstating the first, second and third causes of action and as modified the order is affirmed without costs.

Memorandum: Plaintiff, Town of Angelica (Town), is the owner of property known as the "Grange Building." In August 2001, the Town Board accepted a proposal from defendants to perform certain work related to raising the building...

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