In moving, at the close of plaintiff's direct case, for judgment in its favor pursuant to CPLR 4401, defendant SCA raised nine arguments, but the trial court, in granting the motion, premised its determination on the single ground that plaintiff had not filed a timely notice of claim and did not reach defendant's remaining points. This Court thereafter reversed, reinstated the complaint and remanded the matter for a new trial (
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KOREN-DIRESTA CONSTRUCTION CO., INC. v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY
2 A.D.3d 114 (2003)
767 N.Y.S.2d 601
KOREN-DIRESTA CONSTRUCTION CO., INC., Respondent, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Appellant, et al., Defendants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 2, 2003.
December 2, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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