Ordered that the order is affirmed insofar as appealed from, with costs.
The Village of Lindenhurst commenced this action in July 2009 against J.D. Posillico, Inc. (hereinafter Posillico), asserting a single cause of action alleging continuing public nuisance. The Village alleged that in 1972 Posillico entered into a contract with Suffolk County to perform construction work related to the installation of public sewers in the Village and other parts of the County,...
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