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MATTER OF PATTERSON MATERIALS CORP. v. ZAGATA

237 A.D.2d 366 (1997)

655 N.Y.S.2d 71

In the Matter of Patterson Materials Corporation, Formerly Known as Peckham Materials, Respondent, v. Michael D. Zagata et al., Appellants

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

March 10, 1997

Ordered that the order dated May 29, 1996, is reversed, without costs or disbursements, the branch of the motion which was for leave to renew is granted, and on renewal the judgment entered October 2, 1995, is vacated, and the matter is remitted to the Supreme Court, Dutchess County, for further proceedings consistent herewith; and it is further,

Ordered that the appeal from the judgment entered October 2, 1995, is dismissed as academic, without costs or disbursements...

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