HORN CONSTR. CO., INC. v. ICOS CORP. OF AM.


63 A.D.2d 939 (1978)

Horn Construction Co., Inc., et al., Appellants, v. ICOS Corporation of America, Respondent, et al., Defendant

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

June 20, 1978


Unanimously reversed, on the law, on the facts, and in the exercise of discretion, with $40 costs and disbursements to appellant, motion for protective order granted, and interrogatories vacated without prejudice to service of proper interrogatories.

Plaintiff, which had contracted with the City of New York to construct a portion of a subway, sues the defendant subcontractor for an alleged failure to construct a concrete wall in a timely and workmanlike manner. At...

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