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MATTER OF NASSAU RECYCLE CORP. v. CITY OF NEW YORK

59 A.D.2d 763 (1977)

In the Matter of Nassau Recycle Corporation, Respondent, v. City of New York et al., Respondents, and I. S. P. Holding Corp., Appellant

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

October 24, 1977

Judgment reversed, on the law, without costs or disbursements, and proceeding remanded to Special Term for further proceedings in accordance herewith.

Appellant's time to serve an answer in accordance herewith is extended until 20 days after entry of the order to be made hereon. Although the record supports Special Term's denial of the motion to dismiss, it discloses that there are issues of fact as to the defense of laches...

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