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  5. 176 A.D.2d 1196 (1991)
 

CMTY. STEEL CORP. v. TERRA MARINE DREDGING CORP.

176 A.D.2d 1196 (1991)

Community Steel Corporation, Plaintiff and Third-Party Plaintiff-Respondent, v. Terra Marine Dredging Corporation et al., Defendants. Prince Rubber & Plastics, Inc., Third-Party Defendant-Appellant

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

October 4, 1991

Order unanimously affirmed with costs.

Memorandum:

Community Steel Corporation (Community) purchased 1,200 feet of sponge joint material from Prince Rubber & Plastics, Inc. (Prince) and, in turn, sold the joint material to Terra Marine Dredging Corporation (Terra) for Terra's use in a public improvement project in the Town of Amherst. In the main action, Terra asserted a counterclaim against Community for Community's failure, inter alia, "to supply...

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