HESS v. MURNANE BUILDING CONTRACTORS, INC.


306 A.D.2d 824 (2003)

762 N.Y.S.2d 212

PETER B. HESS et al., Respondents, v. MURNANE BUILDING CONTRACTORS, INC., et al., Appellants. (Appeal No. 2.)

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

Decided June 13, 2003.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and a new trial is granted.

Memorandum:

Defendants appeal from a judgment entered upon a jury verdict rendered in favor of plaintiffs. Charles T. Driscoll Masonry Restoration Company, Inc. (Driscoll Masonry) subcontracted with defendant Murnane Building Contractors, Inc. to perform masonry work on a parking garage at defendant Syracuse...

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