MINELLI CONSTRUCTION CO. INC. v. ARBEN CORPORATION


1 A.D.3d 580 (2003)

768 N.Y.S.2d 227

MINELLI CONSTRUCTION CO., INC., Respondent, v. ARBEN CORPORATION et al., Appellants, et al., Defendant.

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

November 24, 2003.


Ordered that the order is modified, by deleting the provision thereof granting that branch of the plaintiff's motion which was to dismiss Arben Corporation's counterclaims to recover damages for maintenance and protection of traffic and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly held that the appellants failed to demonstrate...

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