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EAGLE POWER & IMPLEMENT, INC. v. FADELEY

227 A.D.2d 922 (1996)

643 N.Y.S.2d 457

Eagle Power & Implement, Inc., et al., Appellants, v. Edward J. Fadeley et al., Defendants, and Massey-Ferguson, Inc., et al., Respondents. (Appeal No. 2.)

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

May 31, 1996

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted the motion of defendants Massey-Ferguson, Inc. (Massey), and Yanmar Tractor (USA), Inc. (Yanmar), for summary judgment dismissing the complaint against them. The court also properly granted the motion of Massey for summary judgment on its counterclaim. The court erred, however in granting the motion of Yanmar for summary...

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