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  5. 145 A.D.2d 603 (1988)
 

HIRSCH ELEC. CO., INC. v. CMTY. SERVS., INC.

145 A.D.2d 603 (1988)

Hirsch Electric Company, Inc., Appellant, v. Community Services, Inc., Defendant and Third-Party Plaintiff-Respondent. City of New York et al., Third-Party Defendants-Respondents. (And a Fourth-Party Action.)

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

December 30, 1988

Ordered that the branch of the motion which is for leave to appeal to the Court of Appeals is denied; and it is further,

Ordered that the branch of the motion which is for reargument is granted, and upon reargument the decision and order of this court dated August 17, 1987, is recalled and vacated and the following decision and order is substituted therefor.

In an action to recover damages for breach of a construction contract, the plaintiff appeals from so...

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