UTILS. & INDUS. CORP. v. LIZZA INDUS., INC.


43 A.D.2d 587 (1973)

Utilities & Industries Corp., Appellant, v. Lizza Industries, Inc., Respondent

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

November 19, 1973


Order modified by (1) striking from the first ordering paragraph the word "second", (2) adding to said paragraph a provision denying defendant's motion to dismiss as to the second cause of action and (3) changing the second ordering paragraph to read that the first, second and fourth causes of action are severed from the third and fifth causes of action. As so modified, order affirmed insofar as appealed from, with $20 costs and disbursements to appellant.

Plaintiff...

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