ROCHESTER TEL. CORP. v. GREEN ISLAND CONSTR. CORP.


71 A.D.2d 798 (1979)

Rochester Telephone Corporation, Appellant, v. Green Island Construction Corporation, Respondent

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

July 6, 1979


Judgment unanimously reversed, on the law and facts, with costs, and verdict reinstated.

Memorandum:

In this action to recover damages incurred to plaintiff's buried utility cable and conduit during highway construction by defendant, the Trial Judge set aside a jury verdict in favor of plaintiff and directed a verdict for defendant. It is well settled that a motion to set aside a jury verdict should not be granted...

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