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RICHMOND COUNTY SAV. BANK v. ROCCISANO CONTRACTING CORP.

75 A.D.2d 849 (1980)

Richmond County Savings Bank, Respondent, v. Roccisano Contracting Corp. et al., Defendants, and Burt Millwork Corporation, Appellant. (And Two Similar Titles.)

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

May 12, 1980

Orders modified by deleting the first decretal paragraph of each order and by deleting from the second decretal paragraph of each order the words "answer and". As so modified, orders affirmed, without costs or disbursements.

We find that Special Term correctly dismissed appellant's counterclaims, and correctly struck appellant's affirmative defenses as nonmeritorious. Said counterclaims and defenses were founded on an incorrect interpretation of subdivisions (2) and...

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