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GIFFORD CONSTR. CO., INC. v. JOSEPH ZANGHI CONSTR. CORP.

101 A.D.2d 825 (1984)

Gifford Construction Company, Inc., Appellant, v. Joseph Zanghi Construction Corp. et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. Two Brothers Excavating, Inc., Third-Party Defendant-Respondent

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

May 14, 1984

¶ Judgment reversed, the amended complaint and third-party complaint reinstated and new trial granted, with costs to abide the event. ¶

The sole question before this court is whether plaintiff has presented sufficient evidence to make out a prima facie case. Questions of credibility or defenses raised are therefore irrelevant, and the evidence must be considered in the light most favorable to plaintiff (Rhabb v New York City Housing Auth.,

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