Amended judgment reversed insofar as appealed from, on the law and the facts and in the interests of justice, and new trial granted on the cross claim of defendant the City of New York against defendant Advance Brick and Sand Corp., with costs to abide the event, and cross claim is severed from the main action.
In our opinion, there was insufficient proof to sustain the award in favor of the city on its cross claim against appellant. However, under the circumstances...
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