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PALERMO MASON CONSTRUCTION, INC. v. AARK HOLDING CORP.

300 A.D.2d 458 (2002)

752 N.Y.S.2d 99

PALERMO MASON CONSTRUCTION, INC., Respondent-Appellant, v. AARK HOLDING CORP., Also Known as AARK CONSTRUCTION CORP., Defendant, and HOME DEPOT U.S.A., INC., Appellant-Respondent.

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

Decided December 16, 2002.

Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion for summary judgment and substituting therefor a provision granting that motion; as so modified, the order is affirmed, with costs to Home Depot U.S.A., Inc., the complaint is dismissed insofar as asserted against that defendant, and the action against the remaining defendant is severed.

In September 1993 the defendants...

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