Arocho v. Town of Brookhaven

In a negligence action, the third-party defendant appeals from an order of the Supreme Court, Suffolk County, dated November 2, 1978, which denied its motion to dismiss the third-party complaint. Order reversed, on the law, with $50 costs and disbursements, motion granted and the third-party complaint is dismissed. In the early 1970’s, respondent Town of Brookhaven contracted with appellant New York State Environmental Facilities Corporation (EFC) for the construction and operation of a solid waste disposal facility. The facility is adjacent to premises owned by plaintiffs Arocho and Negron.…