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  5. 41 N.Y.2d 855 (1977)
 

MATTER OF D.M.C. CONSTR. CORP. v. A. LEO NASH STEEL CORP.

41 N.Y.2d 855 (1977)

In the Matter of D.M.C. Construction Corp., Respondent, v. A. Leo Nash Steel Corp., Appellant.

Court of Appeals of the State of New York.

Decided February 15, 1977.

Attorney(s) appearing for the Case

Edwin H. Wolf for appellant.

Julius Zizmor for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order reversed, with costs, and the petition dismissed on the dissenting opinion by Mr. Justice J. IRWIN SHAPIRO at the Appellate Division (51 A.D.2d 1040-1043). Question certified answered in...

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