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BROOKLYN & QUEENS ELEVATOR CO., INC. v. EXCEL ASSOCS.

115 A.D.2d 630 (1985)

Brooklyn and Queens Elevator Co., Inc., Respondent, v. Excel Associates, by Thomas Lipkin, as General Partner, Appellant, et al., Defendants

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

December 23, 1985

Resettled judgment affirmed, with costs.

In a contract dated November 5, 1980, the terms of which were modified by a subsequent agreement dated March 31, 1981, plaintiff agreed to install and to repair certain elevator components in a building owned by appellant. On November 5, 1980, the parties also executed a separate contract in which plaintiff agreed to maintain the elevator. The installation and repair work was intended...

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