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GERNATT ASPHALT PRODUCTS, INC. v. BENSAL CONSTRUCTION

Court of Appeals of the State of New York.
Nov 22, 1983

Order modified, with costs to appellants, to the extent of denying defendants' motions for summary judgment for the reasons stated in the dissenting in part memorandum at the Appellate Division ( 90 A.D.2d 993), and, as so modified, affirmed.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.