ROBERT T. DONALDSON, INC. v. AGGREGATE SURFACING CORP. OF AM.


47 A.D.2d 852 (1975)

Robert T. Donaldson, Inc., Respondent, v. Aggregate Surfacing Corporation of America, Appellant, and Giles Varnish Company, Inc., Respondent

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

March 31, 1975


Appeal dismissed, without costs, insofar as it is from the portion of the judgment which is in favor of defendant Giles upon the trial court's dismissal of the complaint against said defendant at the close of the entire case. Judgment otherwise modified, on the law and the facts, by deleting therefrom the first, fourth and fifth decretal paragraphs thereof and substituting therefor a provision adjudging that defendant ASC is liable to plaintiff; and, as so modified, affirmed...

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