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

229 A.D.2d 387 (1996)

644 N.Y.S.2d 565

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

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

July 1, 1996

Ordered that the judgment is reversed, on the law, with costs, 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.

By order dated January 19, 1993, this Court reversed a judgment of the Supreme Court, Nassau County, which, upon a prior order granting the plaintiff's motion for summary judgment as to liability and after a nonjury trial as to damages, was...

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