Eisert v. Ermco Erectors, Inc.

— Motion by respondent Heavy Lift Equipment Corp. for reargument of an appeal from a judgment of the Supreme Court, Queens *687County, dated February 9, 1979, or for leave to appeal to the Court of Appeals from an order of this court, dáted January 14, 1980, which determined said appeal (Eisert v Ermco Erectors, 73 AD2d 927). Motion denied, without costs. On the court’s own motion, its decision and order are recalled and vacated, and the following substituted decision is rendered: In consolidated actions, inter alia, on certain contracts, plaintiffs in the first above-captioned action (the James…