PHILIP ZWEIG & SONS, INC. v. TUSCARORA CONSTR. CO., INC.


50 A.D.2d 1069 (1975)

Philip Zweig & Sons, Inc., Respondent, v. Tuscarora Construction Co., Inc., et al., Appellants

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

December 12, 1975


Judgment and orders unanimously reversed, on the law and facts, with costs, and a new trial granted.

Memorandum:

Defendants appeal from a judgment entered upon a jury verdict for the plaintiff in the sum of $215,250.65. Defendants contend that the trial court erred in its charge to the jury, resulting in the jury failing to consider their counterclaims. The action is on a subcontract under a construction contract for the State, plaintiff being a subcontractor...

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