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NORTH STAR CONTRACTING CORP. v. BURTON F. CLARK, INC.

214 A.D.2d 550 (1995)

625 N.Y.S.2d 918

North Star Contracting Corp., Appellant, v. Burton F. Clark, Inc., Respondent. (Action No. 1.) North Star Contracting Corp. et al., Appellants, v. Burton F. Clark, Inc., Respondent. (Action No. 2.)

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

April 3, 1995

Ordered that the appeal from the judgment is dismissed as the judgment was superseded by the order entered July 14, 1993, made upon reargument; and it is further,

Ordered that the order entered July 14, 1993, is affirmed insofar as appealed from; and it is further,

Ordered that the respondent is awarded one bill of costs.

We agree with the Supreme Court that the defendant is entitled to judgment, as a matter of law dismissing the complaint. The doctrine...

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