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AMSTERDAM WRECKING & SALVAGE CO. v. GREATER AMSTERDAM SCH. DIST.

56 N.Y.2d 828 (1982)

Amsterdam Wrecking & Salvage Co., Appellant, v. Greater Amsterdam School District, Respondent.

Court of Appeals of the State of New York.

Decided June 8, 1982.

Attorney(s) appearing for the Case

James A. Lombardo and Richard T. Horigan for appellant.

William Mycek and John J. Mycek for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (83 A.D.2d 654; see, also, Public Improvements v Board of Educ., 56 N.Y.2d 850). Moreover, unlike Salesian Soc. v Village of Ellenville (41 N.Y.2d 521) where the village, neither at trial nor before the Appellate Division, ever raised the matter of the plaintiff...

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