Innovative Chemical Corp. v. Howe Plastics & Chemical Companies, Inc.

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Order unanimously affirmed without costs. Same memorandum as in Innovative Chem. Corp. v Howe Plastics & Chem. Cos. ([appeal No. 1] 164 AD2d 965 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Flaherty, J.—summary judgment.) Present—Boomer, J. P., Green, Pine, Davis and Lowery, JJ.