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24 ROCK CORP. v. TOMASELLO BROS., INC.

29 A.D.2d 660 (1968)

24 Rock Corp., Respondent, v. Tomasello Bros., Inc., Defendant-Appellant and Third-Party Plaintiff-Appellant. Colonial Blue Diamond Mortar Corp., Third-Party Defendant-Respondent

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

January 8, 1968

No opinion.

Benjamin, J., dissents and votes to reverse the order and grant appellant's motion for a new trial on the issue of damages, with the following memorandum:

Defendant is a brick and masonry contractor. In 1960 it did the brick and masonry work on four apartment houses built by plaintiff. Because of alleged water leakage through the exterior walls, plaintiff sued defendant for breach of contract (in failing to use a proper mortar mix...

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