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MATHEWS v. JOHN R. SIMMONS CONSTR. CO., INC.

94 A.D.2d 975 (1983)

Daniel F. Mathews, Jr., Respondent, v. John R. Simmons Construction Co., Inc., Defendant, and Fairmount Bowling Center, Inc., Appellant

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

May 25, 1983

Judgment, insofar as appealed from, unanimously reversed, without costs, and motion denied as to defendant Fairmount Bowling Center, Inc.

Memorandum:

Summary judgment was improperly granted against defendant Fairmount Bowling Center, Inc. (Fairmount). The retainer agreement upon which plaintiff's suit is brought does not appear in the record. Although plaintiff claims that Fairmount is jointly and severally liable...

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