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LONG IS. POWER v. ANDERSON

21 Misc.3d 161 (2008)

862 N.Y.S.2d 787

LONG ISLAND POWER AUTHORITY, Plaintiff, v. GILBERT ANDERSON, P.E., as Administrative Head of Suffolk County Sewer Districts and as Commissioner of Public Works of the County of Suffolk, et al., Defendants.

Supreme Court, Nassau County.

July 22, 2008.

Attorney(s) appearing for the Case

Certilman Balin Adler & Hyman, LLP, East Meadow, for plaintiff.

Christine Malafi, County Attorney, Hauppauge (Chris P. Termini of counsel), for defendants.

OPINION OF THE COURT

IRA B. WARSHAWSKY, J.

Plaintiff Long Island Power Authority (LIPA) moves pursuant to CPLR 3212 for an order granting summary judgment in its action against defendants seeking a declaratory judgment. The action was commenced on August 24, 2007, and the motion was made on February 25, 2008, without engaging in discovery. Predicated on the uncontested facts advanced by plaintiff, and the failure of defendants to identify an argument requiring...

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