Plaintiff's numerous expressions of dissatisfaction with the court's charge as to the terraces and flashings were sufficient to preserve both claims of error for our review (CPLR 4017). The court's charge on liability with respect to reinforcement bars on the terraces erroneously instructed the jury that a finding of liability predicated upon use of less than 1½ inches of concrete was permissive, rather than mandatory. The contract governing this dispute required the...
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