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MARINO v. DWYER-BERRY CONSTR. CORP.

146 A.D.2d 751 (1989)

Ronald Marino, Appellant, v. Dwyer-Berry Construction Corp., Respondent, et al., Defendants. (And a Third-Party Action.)

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

January 30, 1989

Ordered that the order is affirmed, with costs.

The facts of this case are summarized in a companion decision disposing of the appeal by the defendant County of Dutchess (see, Marino v Dwyer-Berry Constr. Corp., 146 A.D.2d 750 [decided herewith]).

In granting the defendant's cross motion, the court noted that the contract of sale of lot No. 8 contained a provision allocating the risk, so that the plaintiff...

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