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ULSTER ELEC. SUPPLY v. MARYLAND CAS.

35 A.D.2d 309 (1970)

Ulster Electric Supply Co., Inc., Respondent, v. Maryland Casualty Company et al., Appellants, et al., Defendant

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

December 7, 1970.

Attorney(s) appearing for the Case

M. Carl Levine, Morgulas & Foreman (Jerrold Morgulas of counsel), for appellants.

Marshall C. Lipton for respondent.

REYNOLDS, STALEY, JR., and COOKE, JJ., concur with SWEENEY, J.; HERLIHY, P. J., dissents and votes to affirm in an opinion.

SWEENEY, J.

This is an appeal from an order of the Supreme Court at Special Term, entered November 24, 1969 in Ulster County, which denied a motion to dismiss the complaint.

Defendant Renel Construction Inc. was the general contractor for a science building being constructed at the State University College at New Paltz. Hallmark Electrical Construction Corp. was a subcontractor. Plaintiff supplied materials...

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