BD. OF EDUC. PLAINVIEW-OLD BETHPAGE CENT. SCH. DIST. v. CELOTEX CORP.


151 A.D.2d 536 (1989)

Board of Education Plainview-Old Bethpage Central School District, Respondent, v. Celotex Corp., Appellant, et al., Defendant. (And a Third-Party Action.)

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

June 12, 1989


Ordered that the order is modified, on the law, by deleting therefrom the provision denying that branch of the cross motion by the defendant Celotex Corp. which was to dismiss the plaintiff's cause of action for breach of warranty, and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff school...

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