M & S MERCURY AIR CONDITIONING CORP. v. DUNKIRK BLDG. CORP.


18 A.D.2d 1014 (1963)

M & S Mercury Air Conditioning Corp., Respondent-Appellant, v. Dunkirk Building Corp. et al., Appellants-Respondents

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

March 18, 1963


Order of April 9, 1962, and judgment as resettled, insofar as appealed from by the respective parties, affirmed, without costs. Appeal by the corporate defendant and the individual defendant from the original order of January 2, 1962 and from the original judgment of February 2, 1962, dismissed. Such order and judgment were superseded by the order of April 9, 1962 and the judgment as resettled.

In our opinion, the contract...

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