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HIGHLAND SAND & GRAVEL, INC. v. RUST ENVIRONMENT & INFRASTRUCTURE OF NEW YORK, INC.

281 A.D.2d 516 (2001)

721 N.Y.S.2d 684

HIGHLAND SAND & GRAVEL, INC., Respondent, v. RUST ENVIRONMENT & INFRASTRUCTURE OF NEW YORK, INC., Appellant.

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

Decided March 19, 2001.

Ordered that the interlocutory judgment is reversed, on the law, with costs, and the complaint is dismissed.

In 1984 the plaintiff hired the defendant's predecessor in interest, Dunn Geoscience Corporation (hereinafter Dunn) to determine the feasibility of mining the plaintiff's quarry for sandstone. In or about January 1985, Dunn issued a report to the plaintiff which indicated that its quarry contained a total of 4.7 million tons of commercially-usable sandstone...

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