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342 HOLDING CORP. v. CARLYLE CONSTR. CORP.

31 A.D.2d 605 (1968)

342 Holding Corp. et al., Respondents, v. Carlyle Construction Corp. et al., Appellants

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

December 5, 1968

Judgment is unanimously modified on the law to dismiss the complaint as against Carlyle Construction Corp., and on the law and on the facts to order a new trial against Delma Engineering Corp., only with respect to the damages alleged to have been suffered by the plaintiff Mabux Restaurant, Ltd., by way of loss of profits, with $50 costs and disbursements to defendant Carlyle Construction Corp., and as between the defendant Delma and plaintiff Mabux Restaurant, Ltd., costs...

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