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ARCHITECTURAL ALUMINUM v. MACARR

70 Misc.2d 495 (1972)

Architectural Aluminum Corporation, Plaintiff, v. Macarr, Inc., Defendant and Third-Party Plaintiff. Westinghouse Electric Corp., Third-Party Defendant.

Supreme Court, New York County.

April 25, 1972

Attorney(s) appearing for the Case

Mortimer Sperling for plaintiff. Cruser & Hills (Edgar Hills of counsel), for defendant and third-party plaintiff. Cravath, Swaine & Moore (R. John Cooper and James F. Gleason, Jr., of counsel), for third-party defendant.

ARNOLD G. FRAIMAN, J.

This is a motion by third-party defendant Westinghouse Electric Corp. for summary judgment dismissing the third-party complaint. In the primary action, plaintiff Architectural Aluminum Corporation alleges that it contracted with defendant, Macarr, Inc. for the installation of a rectifier to be in working order on January 2, 1969. The complaint alleges that the unit was not in working order...

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