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DONGAN CONSTR. CORP. v. R. O. D. LAND DEVELOPERS, INC.

61 A.D.2d 1001 (1978)

Dongan Construction Corp., Appellant, v. R. O. D. Land Developers, Inc., Sued Herein as R. O. D. Development, Respondent, et al., Defendants. (Action No. 1.) R. O. D. Land Developers, Inc., Respondent, v. Dongan Construction Corp., Appellant, et al., Defendants. (Action No. 2.)

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

March 13, 1978

Orders reversed, on the law, with one bill of $50 costs and disbursements, motions for summary judgment denied and the appointment of a receiver is vacated.

On this record, there are questions of fact which preclude the granting of summary judgment to the respondent seller (see Todd v Pearl Woods, Inc., 20 A.D.2d 911, affd 15 N.Y.2d 817; Forest Bay Homes v Kosinski,

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