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County of Nassau v. South Farmingdale Water District

46 N.Y.2d 794 Court N.Y. Decision date 1978-12-21 English

Contents

Majority

p. 794
County of Nassau, Appellant, v South Farmingdale Water District, Respondent.
Argued November 29, 1978;
decided December 21, 1978
p. 796
APPEARANCES OF COUNSEL
Edward G. McCabe (Robert O. Boyhan and Robert S. Hoshino of counsel), for appellant.
Gregory W. Carman for respondent.

OPINION OF THE COURT

Order affirmed, with costs, on the opinion by Mr. Justice Joseph A. Suozzi at the Appellate Division ( 62 AD2d 380 ), recognizing, as a caveat, however, that the demarcation between governmental or proprietary interests in property owned or operated by government or its subdivisions no longer is as clear as it was in the past.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

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