NYHOLM v. CAULDWELL-WINGATE CO.


12 A.D.2d 802 (1961)

William Nyholm, Respondent, v. Cauldwell-Wingate Co., Appellant, and A. J. McNulty Steel Construction Co., Respondent

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

January 16, 1961


Appeal from the original judgment, dated February 1, 1960, dismissed, without costs. No appeal lies from such judgment; it was superseded by the resettled judgment. Resettled judgment, insofar as appealed from, reversed on the law, with costs to the defendant Cauldwell-Wingate Co., payable by the plaintiff; and complaint against said defendant dismissed.

The findings of fact implicit in the jury's verdict were not considered. While the general contractor originally...

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