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MARTIRANO CONSTR. CORP. v. BRIAR CONTRACTING CORP.

104 A.D.2d 1028 (1984)

Martirano Construction Corp., Respondent, v. Briar Contracting Corporation et al., Defendant; Tishman Construction Corporation of New York et al., Appellants, and Montfort Brothers, Inc., Respondent

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

October 29, 1984

Order modified, on the law, by deleting the provision thereof which denied that branch of the motion which sought dismissal of the amended verified complaint as against appellants, and substituting therefor a provision granting that branch of the motion only to the extent of dismissing, as against appellants, the first cause of action and so much of the fourth cause of action of the amended verified complaint as was predicated upon willful breach of contract, severing those...

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