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MICHAEL A. WELT ASSOCS., INC. v. BD. OF EDUC., CENT. SCH. DIST. NO. 5, TOWNS OF HUNTINGTON & BABYLON

56 A.D.2d 862 (1977)

Michael A. Welt Associates, Inc., Appellant, v. Board of Education, Central School District No. 5, Towns of Huntington and Babylon, Respondent

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

March 14, 1977

Orders affirmed, with one bill of $50 costs and disbursements to cover both appeals.

The motion to strike the affirmative defense was properly denied (see Rand v City of New York, 47 A.D.2d 937). Special Term properly found that there are issues of fact which preclude the granting of partial summary judgment.

Titone, J., concurs insofar as the majority is affirming the order dated April 28, 1976 denying...

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