RIZZUTO v. VACAR CONSTR. CORP.


69 A.D.2d 876 (1979)

Joseph M. Rizzuto et al., as Trustees of The Operating Engineers Local 14-14b Pension Fund, et al., Appellants, v. Vacar Construction Corporation et al., Defendants, and Falco Construction Corporation, Respondent

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

April 23, 1979


Order and judgment reversed insofar as appealed from, on the law, without costs or disbursements, the branch of defendant Falco's motion seeking dismissal of the complaint is denied, the branch of plaintiffs' cross motion seeking leave to amend the caption of the complaint is granted in its entirety, and the case is remitted to Special Term for consideration of the remaining branches of defendant Falco's motion.

The plaintiffs...

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