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CRAG ERECTORS, INC. v. P. P. G. INDUS., INC.

51 A.D.2d 667 (1976)

Crag Erectors, Inc., Respondent, v. P. P. G. Industries, Inc., et al., Appellants.

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

January 16, 1976

Order unanimously modified in accordance with memorandum and as modified affirmed, without costs.

Memorandum:

On this motion for summary judgment by defendants P P G Industries, Inc. (PPG) and Wilmorite, Inc., we find that, at this early state of the litigation at least, a question of fact exists as to whether PPG has waived or should be estopped from raising its contract defenses against plaintiff Crag Industries, Inc. (see Beatty v Guggenheim Exploration...

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