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BURT MILLWORK CORP. v. IRPINIA CONSTR. CORP.

173 A.D.2d 433 (1991)

Burt Millwork Corporation, Appellant, v. Irpinia Construction Corp. et al., Respondents, et al., Defendants

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

May 6, 1991

Ordered that the order is modified, on the law, and as a matter of discretion, by (1) granting that branch of the plaintiff's motion which was for summary judgment dismissing the respondents' counterclaim and affirmative defenses to the extent of dismissing the counterclaim and fourth affirmative defense and otherwise denying that branch of the motion, (2) granting that branch of the plaintiff's motion which was for an order of preclusion to the extent of striking the respondents...

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