CASE BORING CORP. v. VENDITTI CONSTRUCTORS, INC.


46 A.D.2d 730 (1974)

Case Boring Corporation, Appellant, v. Venditti Constructors, Inc., Respondent

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

October 31, 1974


Judgment unanimously reversed, on the law and facts, and new trial granted, with costs, to abide the event.

Memorandum:

Plaintiff appeals from a dismissal, at close of plaintiff's proof, of its action for breach of a construction contract and damages for lost profits and other expenses resulting from plaintiff's contract to do work for defendant. At the close of all evidence, the court granted defendant's motion for judgment on its counterclaim for breach...

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