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RAIL CO v. COUNTY OF SUFFOLK

91 Misc.2d 1036 (1977)

D. Lambert Railing Co., Inc., Plaintiff, v. County of Suffolk, Defendant.

Supreme Court, Special Term, Suffolk County.

October 20, 1977

Attorney(s) appearing for the Case

Joseph D. Stim, P. C., for plaintiff. Howard E. Pachman, County Attorney, for defendant.

THOMAS M. STARK, J.

In this action for a money judgment (and, in effect, to compel defendant to adjust a contract between Lizza Industries, Inc. and the county) plaintiff moves to dismiss the three affirmative defenses pled by the county. The county cross-moves for summary judgment dismissing the complaint.

In June, 1973, defendant entered into a contract with Lizza Industries, Inc. for the construction...

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