New York Merchants Protective Co., Inc. v Apollon Waterproofing & Restoration Corp. (2011 NY Slip Op 50638(U))

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New York Merchants Protective Co., Inc. v Apollon Waterproofing & Restoration Corp.

2011 NY Slip Op 50638(U) [31 Misc 3d 135(A)]

Decided on April 11, 2011

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected in part through October 24, 2014; it will not be published in the printed Official Reports.

Decided on April 11, 2011

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : TANENBAUM, J.P., MOLIA and IANNACCI, JJ
.

NEW YORK MERCHANTS PROTECTIVE CO., INC., Appellant,

against

APOLLON WATERPROOFING & RESTORATION CORP., Respondent.

2010-198 N C

Opinion withdrawn from online only publication at the direction of the court. The decision and order were recalled and vacated, and a new decision and order substituted therefor as the decision of the court (see 2014 NY Slip Op 87427[U]). It will be published at 2014 NY Slip Op 51525(U).