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CON-SOLID CONTRACTING CO., INC. v. LITWAK DEVELOPMENT CORP.

298 A.D.2d 544 (2002)

748 N.Y.S.2d 788

CON-SOLID CONTRACTING CO., INC., Respondent, v. LITWAK DEVELOPMENT CORP. et al., Appellants. (Action No. 1.) CON-SOLID CONTRACTING CO., INC., Respondent, v. HARRIS LITWAK et al., Appellants, et al., Defendants. (Action No. 2.)

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

Decided October 28, 2002.

Ordered that the judgment in Action No. 1 is affirmed, without costs or disbursements; and it is further,

Ordered that the judgment in Action No. 2 is reversed, on the law, without costs or disbursements, the plaintiff's motion is denied, the order dated June 12, 2001, is vacated, the motion of the defendants Harris Litwak and Irving J. Litwak for summary judgment is granted, the complaint is dismissed insofar as asserted against those defendants, and the action against...

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