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EXCEL GROUP, INC. v. NEW YORK CITY TRANSIT AUTHORITY

28 A.D.3d 708 (2006)

814 N.Y.S.2d 220

EXCEL GROUP, INC., Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

April 25, 2006.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition to the cross motion, it is

Ordered that the motion and cross motion are granted to the extent that the decision and order of this Court dated October 31, 2005, is recalled and vacated, and the following decision and order is substituted therefor, and the motion and cross motion are otherwise denied.

In an action, inter alia, to recover damages for breach...

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