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INSTRUMENT SYS. CORP. v. V. LA ROSA & SONS, INC.

31 A.D.2d 766 (1969)

Instrument Systems Corporation, Plaintiff, v. V. La Rosa & Sons, Inc., Defendant. (Action No. 1.) V. La Rosa & Sons, Inc., Respondent, v. Instrument Systems Corporation, Appellant. (Action No. 2.)

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

January 27, 1969

Order reversed insofar as appealed from, on the law and the facts, with $10 costs and disbursements; the second, third, fourth and sixth decretal paragraphs of the order are accordingly struck out; and respondent's cross motion is disposed of by directing that, should plaintiff V. La Rosa & Sons, Inc., establish after trial that defendant Instrument Systems Corporation breached the agreement dated May 10, 1966, as amended by letter dated April 8, 1967, then the sale by...

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