RADON CONSTRUCTION CORP. v. ALCON CONSTRUCTION CORP.


277 A.D.2d 368 (2000)

716 N.Y.S.2d 879

RADON CONSTRUCTION CORP., Respondent-Appellant, v. ALCON CONSTRUCTION CORP., Defendant, and TOWN OF HEMPSTEAD, Appellant-Respondent.

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

Decided November 20, 2000.


Ordered that the order is modified, by deleting the provision thereof denying the motion to compel disclosure and substituting therefor a provision granting that motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with costs to the plaintiff payable by the Town of Hempstead.

The Supreme Court properly determined that the action against the Town of Hempstead is based on contract (see, Clark-Fitzpatrick, Inc. v Long Is. R. R...

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