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MOHAWK VALLEY CONCRETE CO., INC. v. HERKIMER CONSTR. CORP.

13 A.D.2d 573 (1961)

Mohawk Valley Concrete Co., Inc., Respondent, v. Herkimer Construction Corp. et al., Defendants, and Marine Midland Trust Company of the Mohawk Valley, Appellant

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

March 9, 1961

In addition to the defects in procedure and deficiencies in proof noted by Special Term, we find lacking the essential proof as to the status of the action as respects service of process, pleadings, cross pleadings and motion papers; as to appearances, pleadings or defaults by such parties as defendant contractor and defendant S. Leto Construction Corp. (cf. Matter of Leto Constr. Corp. v. Herkimer Constr. Corp., 8 A.D.2d 1, 4-5...

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