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MTR. CC LBR. CO. v. WATERFRONT COMM.

31 N.Y.2d 350 (1972)

In the Matter of CC Lumber Co., Inc., Respondent, v. Waterfront Commission of New York Harbor, Appellant.

Court of Appeals of the State of New York.

Decided December 6, 1972.

Attorney(s) appearing for the Case

Irving Malchman, William P. Sirignano and Leonard Picariello for appellant.

Israel G. Seeger for respondent.

Judges BERGAN, BREITEL and GIBSON concur with Judge JASEN; Judge SCILEPPI dissents and votes to affirm in a separate opinion in which Chief Judge FULD and Judge BURKE concur.

JASEN, J.

The petitioner, CC Lumber Co., Inc., is a New York corporation engaged in supplying lumber to stevedores and steamship companies in New York harbor. In 1969 it acquired the assets of Court Carpentry and Marine Contractors Company, Inc. (Court Carpentry), a marine carpentry firm. For some years prior to the merger of the companies, Joseph Lacqua was the sole...

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