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MORMILE BROS. INC. v. PRAIRIE CONSTR. CORP.

67 A.D.2d 700 (1979)

Mormile Bros. Inc., Respondent, v. Prairie Construction Corp. et al., Appellants

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

January 22, 1979

Appeal from the order dismissed (see Matter of Aho, 39 N.Y.2d 241, 248). Judgment modified, on the law, by deleting so much of the decretal paragraph thereof as grants plaintiff judgment against the individual defendant. As so modified, judgment affirmed, and, as between plaintiff and the individual defendant, action severed and motion for summary judgment against said defendant denied.

Plaintiff is awarded one bill of $50...

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