TOWN OF OYSTER BAY, Appellant,
v.
LIZZA INDUSTRIES, INC., Respondent.
TOWN OF OYSTER BAY, Appellant,
v.
J.D. POSILLICO, INC., et al., Respondents.
TOWN OF OYSTER BAY, Appellant,
v.
HENDRICKSON BROS., INC., Respondent.
VILLAGE OF BABYLON, Appellant,
v.
HENDRICKSON BROS., INC., Respondent.
VILLAGE OF LINDENHURST, Appellant,
v.
HENDRICKSON BROS., INC., Respondent.
VILLAGE OF LINDENHURST, Appellant,
v.
LIZZA INDUSTRIES, INC., Respondent.
TOWN OF OYSTER BAY, Appellant,
v.
J.D. POSILLICO, INC., Respondent.
TOWN OF OYSTER BAY, Appellant,
v.
S. ZARA AND SONS CONTRACTING CORPORATION, Respondent.
TOWN OF OYSTER BAY, Appellant,
v.
MARVEC ALLSTATE, INC., Respondent.
VILLAGE OF LINDENHURST, Appellant,
v.
J.D. POSILLICO, INC., Respondent.
Court of Appeals of New York.https://leagle.com/images/logo.png
Argued November 12, 2013.
Decided December 17, 2013.
Attorney(s) appearing for the Case
Carman, Callahan & Ingham, LLP, Farmingdale (Michael F. Ingham of counsel), for appellants in the first through tenth above-entitled actions.
Devitt Spellman Barrett, LLP, Smithtown (John M. Denby and William J. Barrett of counsel), for Lizza Industries, Inc. and another, respondents in the first, third, fourth, fifth and sixth above-entitled actions.
White Fleischner & Fino, LLP, New York City (Jared T. Greisman and Renee S. Schwartz of counsel), for Marvec Allstate, Inc., Agovino & Asselta, LLP, Mineola (Joseph P Asselta and David A. Loglisci of counsel), for J.D. Posillico, Inc., and Wade Clark Mulcahy, New York City (Robert J. Cosgrove and Cheryl D. Fuchs of counsel), for S. Zara and Sons Contracting Corporation, respondents in the second, seventh, eighth, ninth and tenth above-entitled actions.
Dennis M. Brown, County Attorney, Hauppauge (Christopher A. Jeffreys of counsel), for County of Suffolk, amicus curiae in the first through tenth above-entitled actions.
Couch White LLP, Albany (Jeremy M. Smith of counsel), for Associated General Contractors of New York State, LLC and another, amici curiae in the first through tenth above-entitled actions.
Plunkett Cooney, Bloomfield Hills, Michigan (Mary Massaron Ross and Karen E. Beach of counsel), and Goldberg Segalla, Albany, for DRI — The Voice of the Defense Bar, amicus curiae in the first through tenth above-entitled actions.
Judges GRAFFEO, READ, PIGOTT, RIVERA and ABDUS-SALAAM concur; Judge SMITH concurs in result in an opinion in which Chief Judge LIPPMAN concurs.
Court of Appeals of New York.
OPINION OF THE COURT
MEMORANDUM.
The orders of the Appellate Division should be affirmed, with costs.
This litigation arises out of defendants' construction of a sewer system throughout Nassau and Suffolk Counties (the Counties), including areas under plaintiffs' jurisdiction. In the 1970s, the Counties entered into public works contracts with defendants to perform the sewer construction work. The Counties...
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