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CRAFTON BLDG. CORP. v. ST. JAMES CONSTR. CORP.

221 A.D.2d 407 (1995)

633 N.Y.S.2d 795

Crafton Building Corp., Appellant-Respondent, v. St. James Construction Corp., Respondent-Appellant, et al., Defendants

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

November 13, 1995

Ordered that the appeal from the order entered July 3, 1994, is dismissed, as that order was superseded by the order dated September 22, 1994, made upon reargument; and it is further,

Ordered that the order dated September 22, 1994, is modified by (1) deleting the provision thereof which adhered to the provision of the order entered July 3, 1994, denying the branch of the plaintiff's motion which was for summary judgment on the complaint, and substituting therefor...

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