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TOWN OF OYSTER BAY v. HENDRICKSON BROS., INC.

2011-05863.

94 A.D.3d 1092 (2012)

945 N.Y.S.2d 563

2012 NY Slip Op 3168

TOWN OF OYSTER BAY, Appellant, v. HENDRICKSON BROS., INC., Respondent.

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

Decided April 24, 2012.

Ordered that the order is affirmed, with costs.

The plaintiff alleges that, pursuant to a contract with Nassau County, the defendant completed certain sewer construction work in 1980, and that defects in the construction work constitute and contribute to a continuing public nuisance. The action is time-barred for the reasons stated in the companion case of Village of Lindenhurst v J.D. Posillico, Inc. (94 A.D.3d 1101 [2012...

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