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ASTRO AIR CORPORATION v. L.D. WENGER CONSTRUCTION CO.

2017-03023. Index No. 33452/13.

178 A.D.3d 765 (2019)

111 N.Y.S.3d 909

2019 NY Slip Op 08816

Astro Air Corporation, Respondent, v. L.D. Wenger Construction Co., Appellant, et al., Defendants.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Joseph J. Cooke, PLLC, Woodbury, NY, for appellant.

Law Office of Steven Cohn, P.C., Carle Place, NY ( Susan E. Dantzig and Peter Chatzinoff of counsel), for respondent.

Mastro, J.P., Duffy, Barros and Brathwaite Nelson, JJ., concur.

Ordered that the appeal from so much of the amended order as denied the motion of the defendant L.D. Wenger Construction Co. pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against it is dismissed as academic; and it is further,

Ordered that the amended order is affirmed insofar as reviewed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

In December 2008...

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