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EASTERN STATES PAINT & VARNISH CO. v. HUDSON MAINT. CORP.

71 A.D.2d 601 (1979)

Eastern States Paint & Varnish Co., Respondent-Appellant, v. Hudson Maintenance Corp., Appellant-Respondent

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

July 2, 1979

Order modified, on the law, by deleting therefrom the provision which denied plaintiff's cross motion for summary judgment and substituting therefor a provision granting the cross motion for summary judgment. As so modified, order affirmed, with $50 costs and disbursements to plaintiff.

The defendant's letter to plaintiff's attorney clearly shows that there is no triable issue of fact in this case sufficient to defeat plaintiff...

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