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ATP CONSTR. CORP. v. OLD POST RD. PROF'L BLDG. & ANNEX, INC.

205 A.D.2d 482 (1994)

613 N.Y.S.2d 194

ATP Construction Corp., Appellant, v. Old Post Road Professional Building & Annex, Inc., et al., Respondents. (Action No. 1.) Old Post Road Professional Building & Annex, Inc., Appellant, v. ATP Construction Corp., Respondent. (Action No. 2.) ATP Construction Corp., Appellant, v. Old Post Road Professional Building & Annex, Inc., Respondent. (Action No. 3.)

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

June 6, 1994

Ordered that the order is modified, on the law, by deleting the provision thereof which denied the cross motion of Old Post Road Professional Building & Annex, Inc. for partial summary judgment on the issue of liability in Action No. 2, and substituting therefor a provision granting the cross-motion of Old Post Road Professional Building & Annex, Inc.; as so modified, the order is affirmed, insofar as appealed from, with costs to Old Post Road Professional Building...

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