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Caricato v. Rockefeller Center, Inc.

10 A.D.2d 579 Court N.Y. App. Div. Decision date 1960-01-18 English

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p. 579
Michael A. Caricato et al., Copartners Doing Business under the Name of Waste Paper Removers Company, Appellants, v. Rockefeller Center, Inc., Respondent.

In an action to recover a stated sum of money alleged to be due (1) on. a contract for the purchase and removal of waste paper, (2) for work, labor and services, and (3) on an account stated, the appeal is from an order granting respondent’s motion for summary judgment dismissing the amended complaint on the merits (Rules Civ. Prac., rule 113). Order unanimously affirmed, with $10 costs and disbursements. No opinion. Present — Nolan, P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ.