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STEKO MERCANTILE, INC. v. UNILAND CONSTR. CORP.

83 A.D.2d 992 (1981)

Steko Mercantile, Inc., et al., Respondents, v. Uniland Construction Corporation, Appellant

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

September 25, 1981

Order and judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Appellant's answering affidavits present sufficient facts to warrant modifying the order to permit it to replead its affirmative defense of fraud. Defendant's amended answer is to be served within 10 days from the date of the order entered herein, in which event the motion for summary judgment is denied...

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