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DURANTE BROS. CONSTRUCTION CORP. v. ST. JOHN'S CEMETERY

285 A.D.2d 578 (2001)

729 N.Y.S.2d 40

DURANTE BROS. CONSTRUCTION CORP., Appellant-Respondent, v. ST. JOHN'S CEMETERY, Also Known as SAINT JOHN'S CEMETERY, Respondent-Appellant, et al., Defendant.

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

Decided July 23, 2001.

Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion and substituting therefor a provision granting the motion; as so modified, the order is affirmed insofar as appealed from and cross-appealed from, the action against the remaining defendant is severed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith; and it is further,

Ordered that the plaintiff is awarded...

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