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NASSAU COUNTY v. NYS URBAN DEV CORP.

002750-04

48 Misc.3d 248 (2015)

4 N.Y.S.3d 874

2015 NY Slip Op 25093

NASSAU COUNTY, Plaintiff, v. NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Doing Business as EMPIRE STATE DEVELOPMENT CORPORATION, et al., Defendants. NEW YORK STATE URBAN DEVELOPMENT CORPORATION, Doing Business as EMPIRE STATE DEVELOPMENT CORPORATION, et al., Third-Party Plaintiffs, v. ROY KAY, INC., et al., Third-Party Defendants. TISHMAN CONSTRUCTION CORPORATION OF NEW YORK, Second Third-Party Plaintiff, v. DECTRON INTERNATIONAL INC., Second Third-Party Defendant. PARTY COUNSILMAN HUNSAKER & ASSOCIATES, Third Third-Party Plaintiff, v. NORBERTO & SONS, INC., Third Third-Party Defendant.

Supreme Court, Nassau County.

Decided March 30, 2015.

Attorney(s) appearing for the Case

Eric T. Schneiderman, Attorney General, Albany ( Cornelia Mogor of counsel), for Dormitory Authority of the State of New York and another, defendants/third-party plaintiffs.

Sinnreich & Kosakoff, LLP, Central Islip ( Jarrett Behar of counsel), for plaintiff.

Milber Makris Plousadis & Seiden, LLP, White Plains ( Marisa L. Lanza of counsel), for Richard Dattner Architect P.C. and others, defendants.

Cullen & Dykman, LLP, Garden City ( Douglas J. Bohn of counsel), for Roy Kay, Inc., third-party defendant.

Steven G. Rubin & Assoc., P.C., Garden City, for Anron Heating and Air Conditioning, Inc., third-party defendant.

Goetz Fitzpatrick, LLP, New York City, for Tishman Construction Corporation of New York, defendant/second third-party plaintiff.

Molod, Spitz & DeSantis, P.C., New York City ( Alice K. Spitz of counsel), for Dectron International Inc., third-party defendant/second third-party defendant.

McElroy Deutsch & Mulvaney, Morristown, New Jersey, for Stonewall Contracting Corp., third-party defendant.

OPINION OF THE COURT

In an action, inter alia, to recover damages for breach of contract, the defendants/third-party plaintiffs, New York State Urban Development Corporation, doing business as Empire State Development Corporation (UDC), and Dormitory Authority of the State of New York (DASNY), move for an order pursuant...

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