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  5. 129 A.D.2d 633 (1987)
 

WAYNE DRILLING & BLASTING, INC. v. FELIX INDUS., INC.

129 A.D.2d 633 (1987)

Wayne Drilling & Blasting, Inc., Respondent, v. Felix Industries, Inc., Appellant, et al., Defendants

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

April 13, 1987

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion of the defendant Felix Industries, Inc., pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as it is asserted against it is granted, and the plaintiff's action against the remaining defendants is severed.

Pursuant to paragraph 31 of an agreement entered into between the plaintiff, as subcontractor, and the defendant...

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