Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The defendant, Joseph Moscato, is an artist and creative art director. In 1994, he became the vice-president of L. F. O'Connell Associates, Inc. (hereinafter Associates), a corporation principally engaged in the advertising and marketing industry on Long Island.
In March 1995, the defendant billed McGraw-Hill $36,921, for work performed in connection with the creation of a promotional...
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