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B.B. & S. TREATED LUMBER CO. v. GROUNDWATER TECHNOLOGY, INC.

256 A.D.2d 430 (1998)

681 N.Y.S.2d 608

B.B. & S. TREATED LUMBER CO., Appellant, v. GROUNDWATER TECHNOLOGY, INC., et al., Respondents.

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

Decided December 16, 1998.

Ordered that the judgment which dismissed the second and third causes of action asserted in the complaint is affirmed insofar as appealed from; and it is further,

Ordered that the judgment which dismissed the first and fourth causes of action asserted in the complaint is modified by deleting therefrom the provision dismissing the first cause of action which was to recover damages for breach of contract and substituting therefor a provision severing that cause of action...

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