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ADLER CONSTR. CO., INC. v. COUNTY HOLDING CORP.

66 A.D.2d 789 (1978)

Adler Construction Co., Inc., Respondent, v. County Holding Corp., Appellant, et al., Defendants

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

December 11, 1978

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

The instant motion having been made prior to the joinder of issue, it was not, as appellant appears to assume, a motion for summary judgment, nor was it converted into such a motion by the court pursuant to CPLR 3211 (subd [c]) (see, also, Rovello v Orofino Realty Co., 40 N.Y.2d 633). On the merits of appellant...

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