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  5. 63 A.D.2d 732 (1978)
 

WARRINER SMITH UTIL., INC. v. BARNEY CONSTR. CO., INC.

63 A.D.2d 732 (1978)

Warriner Smith Util., Inc., Appellant, v. Barney Construction Co., Inc., Defendant, and Equitable Life Assurance Society of the United States, Respondent

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

May 29, 1978

Order affirmed insofar as appealed from, with $50 costs and disbursements.

No opinion.

Hawkins, J., concurs and dissents.

In my opinion, Special Term erred in granting summary judgment for there are issues presented which warrant a plenary trial. I am compelled to disagree with the reasoning used by Special Term in differentiating and distinguishing the holding in HNC Realty Co. v Golan Hgts. Developers (79 Misc...

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