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  5. 56 A.D.2d 591 (1977)
 

JOHN T. BRADY & CO. v. CONCRETE PLANK CO., INC., (TECFAB OF NEW JERSEY)

56 A.D.2d 591 (1977)

John T. Brady & Company, Respondent, v. Concrete Plank Co., Inc., (Tecfab of New Jersey), Appellant

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

February 15, 1977

Order affirmed, with $50 costs and disbursements.

Regardless of whether plaintiff will be able to prove the alleged contract at the trial, on a motion such as this the truth of the allegations in the complaint is assumed. A cause of action is stated and the motion was properly...

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