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MARTIN IRON & CONSTRUCTION CO. v. GRACE INDUSTRIES, INC.

285 A.D.2d 494 (2001)

729 N.Y.S.2d 146

MARTIN IRON & CONSTRUCTION CO., Respondent, v. GRACE INDUSTRIES, INC., et al., Appellants, et al., Defendants. (Action No. 1.) ATLAS-GEM ERECTORS CO., INC., Respondent, v. GRACE INDUSTRIES, INC., et al., Appellants, et al., Defendants. (Action No. 2.)

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

Decided July 9, 2001.

Ordered that the appeal from the order dated April 7, 2000, is dismissed, as that order was superseded by the order dated August 7, 2000, made upon reargument; and it is further,

Ordered that the order dated August 7, 2000, is affirmed insofar as appealed from; and it is further,

Ordered that the respondents Martin Iron & Construction Co. and Atlas Gem Erectors Co., Inc., are awarded one bill of costs.

The defendant Grace Industries, Inc. (hereinafter...

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