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BRENNAN REST. BUILDERS SUPPLY CORP. v. JIMBOLD CORP.

75 A.D.2d 609 (1980)

Brennan Restaurant Builders Supply Corp., Appellant, v. Jimbold Corporation, Respondent, et al., Defendants

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

April 21, 1980

Order modified, on the law, by deleting thereform the provision granting defendant Jimbold's cross motion and substituting therefor a provision denying said cross motion. As so modified, order affirmed, with $50 costs and disbursements payable to plaintiff.

The record indicates that there are triable issues of fact regarding the existence of an implied consent and whether the work performed by plaintiff constituted improvements...

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