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CLAYTON INDUSTRIES, INC. v. CITY OF NEWBURGH

17 A.D.3d 309 (2005)

792 N.Y.S.2d 586

CLAYTON INDUSTRIES, INC., Appellant, v. CITY OF NEWBURGH, Respondent.

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

April 4, 2005.

Ordered that the appeal from the order dated May 28, 2003, is dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is modified, on the law, by deleting the provision thereof dismissing the fourth cause of action; as so modified, the judgment is affirmed, without costs or disbursements, the fourth cause of action is reinstated, that branch of the defendant's motion which was to dismiss the fourth cause of action is denied, and the...

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