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EISERT v. ERMCO ERECTORS, INC.

78 A.D.2d 686 (1980)

James J. Eisert et al., Appellants, v. Ermco Erectors, Inc., Defendant Heavy Lift Equipment Corp., Respondent, v. Ermco Steel Erectors, Inc., Defendant

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

October 27, 1980

Motion denied, without costs.

On the court's own motion, its decision and order are recalled and vacated, and the following substituted decision is rendered: In consolidated actions, inter alia, on certain contracts, plaintiffs in the first above-captioned action (the James Eisert plaintiffs) appeal from a judgment of the Supreme Court, Queens County, dated February 9, 1979, which (1) dismissed their first and second...

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