GAROFANO CONSTR. CO., INC. v. CITY OF NEW YORK


4 A.D.2d 1021 (1957)

Garofano Construction Co., Inc., et al., Respondents, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 10, 1957


We can see no ambiguity in the contract between the parties or that there was occasion to submit any issue, other than one of damages, to the jury. The plans quite clearly indicated that all of the property in question, except the crane, was to become the property of the contractor, and equally clearly indicated that the crane was not in this category. The court should have so decided the issue as a matter of construction of the contract. The jury's verdict accorded with...

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