DEERE CO. v. PAHL CONSTR. CO.


34 A.D.2d 85 (1970)

John Deere Company of Baltimore, Inc., Appellant, v. William C. Pahl Construction Co., Inc., Respondent

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

April 9, 1970.


Attorney(s) appearing for the Case

Costello, Cooney & Fearon (Angela E. Struglia of counsel), for appellant.

Mackenzie, Smith, Lewis, Michell & Hughes (Gay M. Pomeroy of counsel), for respondent.

DEL VECCHIO, MARSH, WITMER and HENRY, JJ., concur.


GOLDMAN, P. J.

Plaintiff John Deere Company of Baltimore, Inc. (hereinafter "Deere") appeals from orders which granted motion of defendant William C. Pahl Construction Co., Inc., (hereinafter "Pahl") to dismiss the complaint and denied plaintiff's cross motion to dismiss the defenses and for summary judgment. We concur with Special Term's disposition of the matter.

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