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


51 N.Y.2d 788 (1980)

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

Court of Appeals of the State of New York.

Decided October 7, 1980.


Attorney(s) appearing for the Case

George A. Schell and Samuel M. Hall for appellant.

Alexander Geiger for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum; Judge GABRIELLI taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

At the close of plaintiff's evidence, defendant moved to dismiss the complaint, and the court reserved decision. Following the return of the jury's verdict for plaintiff, defendant made a second motion, to set aside the verdict as against the weight of the evidence. Thereupon the trial court granted both motions, and judgment was entered...

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