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*563 Reynolds, Greenblott, Cooke and Sweeney, JJ., concur; Herlihy, P. J., concurs in the following memorandum: I concur for affirmance, but solely upon what I consider to be the rationale of the trial court’s decision to wit: that after making certain findings of a violation of the requirements of the ASTM C-31 test, the court concluded “it is not just or equitable to penalize the general contractor or the plaintiff, McIntosh, under the present circumstances.”
Document Info
Citation Numbers: 36 A.D.2d 561
Filed Date: 1/20/1971
Precedential Status: Precedential
Modified Date: 1/12/2022