COLE v. MACKLOWE


15 A.D.3d 260 (2005)

789 N.Y.S.2d 489

WARREN COLE, Appellant-Respondent, v. HARRY MACKLOWE, Respondent-Appellant.

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

February 15, 2005.


Pursuant to a ruling bifurcating the trial of this commercial contractual dispute into liability and damages phases, a bench trial on the issue of liability was held from October 15, 2001 to November 14, 2001. Thereafter, the parties submitted posttrial briefs on the issue of liability, and such briefing concluded in April 2002. About six months later, on October 4, 2002, the IAS court advised the parties that it was, sua sponte, setting aside its earlier bifurcation ruling...

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