In a prior action in this court commenced by motion for summary judgment in lieu of complaint, pursuant to CPLR 3213, by the present defendant, Indag S. A. (Indag), as plaintiff, against the present plaintiff, Irrigation & Industrial Development Corporation (IIDC), as defendant, Indag's motion was denied by order (BLOUSTEIN, J., August 17, 1972), directing Indag to serve a formal complaint...
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