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INVESTORS INS. CO. OF AM. v. EASTWAY CONSTR. CORP.

120 A.D.2d 336 (1986)

Investors Insurance Company of America, Appellant, v. Eastway Construction Corp. et al., Respondents

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

May 1, 1986

In an order entered on May 31, 1984, this court unanimously affirmed an order of the Supreme Court, New York County (Alvin Klein, J.), entered on November 1, 1983, which granted defendants' motion to renew, and upon renewal, granted plaintiff's motion for summary judgment on the issue of liability and set the matter down for an assessment of damages (101 A.D.2d 1034). In its order, Special Term had expressly held that "testimony about an oral agreement will not be used to...

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