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MALLAD CONSTR. CORP. v. COUNTY FED. SAV. & LOAN ASS'N

38 A.D.2d 960 (1972)

Mallad Construction Corp., Respondent, v. County Federal Savings and Loan Association, Appellant

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

March 20, 1972

Order reversed insofar as appealed from, on the law, with $10 costs and disbursements, and defendant's motion for summary judgment dismissing plaintiff's first cause of action granted.

In our opinion, Special Term was in error in failing to grant defendant's motion for summary judgment as to plaintiff's first cause of action. Special Term correctly noted that whether cancellation of a contract is also a discharge of a prior...

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