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MARINO INDUS. CORP. v. KAHN LUMBER & MILLWORK CO., INC.

70 A.D.2d 629 (1979)

Marino Industries Corp., Appellant, v. Kahn Lumber & Millwork Co., Inc., Respondent

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

May 21, 1979

Appeal from order dated September 28, 1978 dismissed. This order was superseded by the order dated December 7, 1978 which granted reargument. Order dated June 13, 1978, reversed, and plaintiff's motion to dismiss the counterclaim is granted. Appeal from the order dated December 7, 1978, dismissed as academic in view of the disposition of the appeal from the order dated June 13, 1978. Plaintiff is awarded one bill of $50 costs and disbursements to cover all appeals. Plaintiff...

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