SILVERITE CONSTR. CO., INC. v. TOWN OF NORTH HEMPSTEAD


189 A.D.2d 811 (1993)

Silverite Construction Company, Inc., Respondent, v. Town of North Hempstead, Appellant

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

January 19, 1993


Ordered that the judgment is reversed, on the law, without costs or disbursements, the order entered October 28, 1988, is vacated, the plaintiff's motion for summary judgment is denied, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

We agree with the appellant that the papers submitted by it were sufficient to demonstrate the existence of triable issues of fact, and that the Supreme Court therefore erred...

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