Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross claim by L.K. Comstock & Co., Inc., against New York Paving, Inc., is reinstated.
The defendant New York Paving, Inc. (hereinafter Paving) was not entitled to summary judgment dismissing the cross claim asserted against it by the appellant L.K. Comstock & Co., Inc. (hereinafter Comstock). The papers submitted in support of the motion failed to include copies...
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