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  5. 159 A.D.2d 1003 (1990)
 

STATE UNIV. CONSTR. FUND v. KIPPHUT & NEUMAN CO., INC.

159 A.D.2d 1003 (1990)

State University Construction Fund et al., Appellants-Respondents, v. Kipphut & Neuman Co., Inc., Defendant, Gardner Construction Co., Inc., Respondent-Appellant, and Kewaunee Scientific Equipment Corp., Respondent

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

March 16, 1990

Judgment unanimously reversed on the law without costs and new trial granted.

Memorandum:

The trial court should not have permitted the jury to consider the issue of the comparative liability of plaintiff, John W. Cowper Company, Inc. The court and all parties had properly agreed that any culpable conduct on the part of Cowper in failing to provide security on the jobsite related only to mitigation of damages and...

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