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LIFSET v. WESTERN PILE CO., INC.

85 A.D.2d 855 (1981)

Harvey M. Lifset, as Receiver of Glenmont Equipment Co., Inc., Respondent v. Western Pile Co., Inc., et al., Defendants, and S. G. Schimenti et al., Appellants

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

December 31, 1981

The present action is based on fraud allegedly commited by defendants on April 8, 1968 by altering the provisions of a contract entered into between Western Pile Company, Inc. (Western Pile) and the joint venture of Depot Construction Corporation — Barnaby Concrete Corporation (Depot — Barnaby) on August 29, 1966. Plaintiff was appointed received of Glenmont Equipment Company, Inc. (Glenmont), a 50% shareholder of Western Pile, in November of 1972. The instant...

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