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MARS ASSOCS v. EDUC. CONSTR.

126 A.D.2d 178 (1987)

Mars Associates, Inc., and Normel Construction Corp., as Joint Venturers, Respondents, v. New York City Educational Construction Fund, Appellant Martin Mechanical Corporation, Respondent, v. Mars Associates, Inc., and Normel Construction Corp., a Joint Venture, and Federal Insurance Company, Appellants

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

March 17, 1987

Attorney(s) appearing for the Case

John M. O'Connor of counsel (Mark Weldon and Peter A. Triandafilou with him on the brief; Malcolm B. Stark and DeForest & Duer, attorneys), for New York City Educational Construction Fund, appellant.

Louis Cantor and Julius L. Schapira of counsel (Max E. Greenberg, Cantor & Reiss, attorneys), for Mars Associates, Inc., and another.

Jonah C. Grill of counsel (Tunstead, Schechter & Torre, attorneys), for Martin Mechanical Corporation, respondent.

KUPFERMAN, J. P., MILONAS, KASSAL and WALLACH, JJ., concur.

ROSS, J.

Before us for review are two appeals from two separate judgments, which resulted from a jury verdict, after a joint trial, of breach of contract actions. The issues raised, include whether the jury's interrogatory responses were inconsistent; was the New York City Educational Construction Fund (Fund), as a matter of law, entitled to judgment on its motion to dismiss the claims for indemnification made...

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