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EGAN, INC. v. CITY OF NEW YORK

18 A.D.2d 357 (1963)

Joseph F. Egan, Inc., Respondent, v. City of New York, Appellant

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

April 23, 1963.

Attorney(s) appearing for the Case

Leon A. Fischel of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel, attorney), for appellant.

Louis Cantor of counsel (Max E. Greenberg, attorney), for respondent.

BREITEL, J. P., RABIN and BASTOW, JJ., concur with STEUER, J.; EAGER, J., dissents in part, in opinion.

STEUER, J.

Plaintiff has recovered a verdict against the City of New York in the sum of $160,089.56 after a jury trial. The action is founded upon a contract for the plumbing work in the construction of Elmhurst General Hospital. The action originally embraced numerous claims but all except two of those were disposed of during trial prior to submission to the jury. The two remaining claims which went to the jury...

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