Corporations

Grandview Construction Corporation, Plaintiff, v. Mariano Lepore, Doing Business as Albany Cement Finishing Company, et al., Defendants. Mariano Lepore, Doing Business as Albany Cement Finishing Company, Appellant, v. Grandview Construction Corporation, Respondent

5 A.D.2d 889·New York Supreme Court, Appellate Division·1958·NY

Present — Nolan, P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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Opinion

Grandview Construction Corporation, Plaintiff, v. Mariano Lepore, Doing Business as Albany Cement Finishing Company, et al., Defendants. Mariano Lepore, Doing Business as Albany Cement Finishing Company, Appellant, v. Grandview Construction Corporation, Respondent. (Action No. 1.) (Action No. 2.) [MAJORITY] —Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Was the order of this court entered November 18, 1957, properly made? Present — Nolan, P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.