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UTICA SHEET METAL CORP. v. J. E. SCHECTER CORP.

25 A.D.2d 928 (1966)

Utica Sheet Metal Corporation et al., Individually and on Behalf of Themselves and All Others Entitled to Share in the Funds Received by J. E. Schecter Corporation as Contractor, Appellants, v. J. E. Schecter Corporation et al., Respondents

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

May 26, 1966

Per Curiam.

The issues, as well as the proof adduced on the motion and cross motion, are well stated in the opinion written at Special Term. (47 Misc.2d 290.) Plaintiffs' motion was properly denied; but there also remain triable issues of fact in respect of defendant Bankers' asserted defenses, and its cross motion should also have been denied. Bankers states in its brief that for purposes of its cross motion "it was...

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