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CORTLAND PAVING CO., INC. v. CAPITOL DIST. CONTRACTORS, LTD.

111 A.D.2d 955 (1985)

Cortland Paving Company, Inc., Respondent-Appellant, v. Capitol District Contractors, Ltd., et al. Defendants, and Firemen's Insurance Company of Newark, New Jersey, Appellant-Respondent

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

June 6, 1985

Mikoll, J.

The issue before us is whether Special Term properly held that an issue of fact required resolution and, consequently, denied both plaintiff's motion to dismiss defendant Firemen's Insurance Company's (Firemen's) Statute of Limitations defense and Firemen's cross motion for summary judgment. We concur with Special Term's decision.

Defendant Capitol District Contractors, Ltd. (Capitol) hired plaintiff on October 26, 1981 to provide material...

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