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TIBBETTS CONTRACTING CORP. v. O & E CONTRACTING CO., INC.

21 A.D.2d 915 (1964)

Tibbetts Contracting Corporation, Respondent, v. O & E Contracting Company, Inc., Respondent and Vioe Realty Corp., Appellant, et al., Defendants

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

July 20, 1964

Judgment, as amended, modified on the law and the facts, as follows: (1) By striking out its second decretal paragraph awarding $61,380 to the defendant O & E against the defendant Vioe; (2) By striking out its fourth decretal paragraph, which further pertains to such recovery by said O & E against said Vioe; (3) By striking out from its sixth decretal paragraph the following: subdivision "(c)" of subparagraph "3rd" thereof, which provides for payment of $25,811.50...

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