DIESEL CONSTR. CO., A DIV. OF CARL A. MORSE, INC. v. CHASE MANHATTAN MORTGAGE & REALTY TRUST


44 N.Y.2d 871 (1978)

Diesel Construction Company, a Division of Carl A. Morse, Inc., Appellant, v. Chase Manhattan Mortgage and Realty Trust, Respondent.

Court of Appeals of the State of New York.

Decided May 31, 1978.


Attorney(s) appearing for the Case

Paul J. Bschorr and Burton T. Ryan for appellant.

Robert A. Machleder for respondent.

Concur: Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE. Taking no part: Chief Judge BREITEL.


Order affirmed, with costs, on the memorandum at the Appellate Division (58 A.D.2d 760

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