Ordered that the cross appeal is dismissed as withdrawn; and it is further,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