C.K. REHNER, INC. v. ARNELL CONSTRUCTION CORP.


303 A.D.2d 439 (2003)

756 N.Y.S.2d 608

C.K. REHNER, INC., Respondent-Appellant, v. ARNELL CONSTRUCTION CORP., Appellant-Respondent.

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

Decided March 10, 2003.


Ordered that the cross appeal is dismissed as withdrawn; and it is further,

Ordered that the judgment is reversed insofar as appealed from, on the law, the plaintiff's oral application for judgment as a matter of law pursuant to CPLR 4401 is denied, and the matter is remitted to the Supreme Court, Queens County, for a new trial, with costs to abide the event.

In the spring of 1990 the New York City School Construction Authority (hereinafter the Construction...

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