REED PAVING, INC. v. GLEN AVE. BUILDERS, INC.


148 A.D.2d 934 (1989)

Reed Paving, Inc., Appellant, v. Glen Avenue Builders, Inc., Respondent

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

March 10, 1989


Order unanimously reversed on the law without costs and verdict reinstated.

Memorandum:

After a trial at which plaintiff sought recovery for additional work performed in adding topsoil and seeding certain areas allegedly beyond that required by the contract between the parties, the jury rendered a verdict in favor of plaintiff. On motion of defendant, the court set the verdict aside and dismissed the complaint with prejudice, finding that "the verdict is palpably...

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