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  5. 256 A.D.2d 494 (1998)
 

ABIELE CONTRACTING, INC. v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY

256 A.D.2d 494 (1998)

682 N.Y.S.2d 419

ABIELE CONTRACTING, INC., Appellant, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Respondent. (And a Related Action.)

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

Decided December 21, 1998.

Ordered that the order is modified by (1) deleting the provision thereof granting the motion for summary judgment and substituting therefor a provision denying the motion, (2) deleting the provision thereof denying those branches of the cross motion which were to dismiss the fourth and fifth affirmative defenses and substituting therefor provisions granting those branches of the cross motion, and (3) deleting the provision thereof granting that branch of the cross motion...

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