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TRI-STATE EQUIP. LEASING CO. v. FELIX INDUS., INC./ECCO EQUIP. INC.

125 A.D.2d 565 (1986)

Tri-State Equipment Leasing Company, Respondent, v. Felix Industries, Inc./Ecco Equipment Inc., a Joint Venture, Appellant

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

December 22, 1986

Ordered that the notice of appeal from an order of the same court, dated April 24, 1985, is deemed to be a premature notice of appeal from the judgment (see, CPLR 5520 [c]); and it is further,

Ordered that the judgment is reversed, on the law, with costs, and the motion for partial summary judgment is denied.

The defendant, a contractor involved in a sewer construction project, entered into a subcontract agreement...

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