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JOSEPH BARSUK, INC. v. NIAGARA MOHAWK POWER CORPORATION

281 A.D.2d 876 (2001)

722 N.Y.S.2d 456

JOSEPH BARSUK, INC., Appellant, v. NIAGARA MOHAWK POWER CORPORATION, Respondent. (Appeal No. 2.)

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

Decided March 21, 2001.

Order reversed on the law without costs, motion denied, cross motion granted and counterclaims dismissed. Same Memorandum as in Joseph Barsuk, Inc. v Niagara Mohawk Power Corp. (281 A.D.2d 875 [decided herewith]).

All concur except Kehoe, J., who dissents in part and votes to modify in the following Memorandum:

Kehoe, J. (dissenting in part).

I respectfully dissent in part. I agree with the majority that Supreme...

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