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ARENA CONSTR. CO., INC. v. TOWN OF HARRISON

71 A.D.2d 647 (1979)

Arena Construction Company, Inc., Appellant-Respondent, v. Town of Harrison, Respondent-Appellant

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

July 23, 1979

Order modified by deleting the provisions thereof which granted that branch of the defendant's motion which sought to dismiss the complaint and remanded the plaintiff's claims to the architect for a de novo determination and substituting therefor provisions denying said branch of the defendant's motion and granting the plaintiff's cross motion to amend its complaint. As so modified, order affirmed, without costs or disbursements.

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