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  5. 27 A.D.2d 807 (1967)
 

BEACON BRICK CORP. v. ACE BUILDERS SUPPLY CO., INC.

27 A.D.2d 807 (1967)

Beacon Brick Corporation, Respondent, v. Ace Builders Supply Co., Inc., Appellant

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

March 7, 1967

Order and judgment appealed from unanimously modified, on the law, to deny summary judgment as to the second cause of action and so much of the third cause as is appealed from. As so modified the judgment is otherwise affirmed, without costs or disbursements to either party.

This action is to recover the agreed price and reasonable value of certain brick supplied by plaintiff to defendant. The brick involved in the second and third causes was

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