COMBUSTION SCIENCE & ENG'G, INC. v. ARGUS ENG'G, PLLC

665 CA 16-01955.

151 A.D.3d 1690 (2017)

57 N.Y.S.3d 794

2017 NY Slip Op 04643

COMBUSTION SCIENCE & ENGINEERING, INC., Appellant, v. ARGUS ENGINEERING, PLLC, Respondent.

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

Decided June 9, 2017.


It is hereby ordered that the order and judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, and the jury verdict is reinstated.

Memorandum: In this breach of contract action, plaintiff appeals from an order and judgment that granted defendant's motion for a directed verdict after the jury returned a verdict in favor of plaintiff. Pursuant to its contract with defendant, plaintiff was required to design a "code compliant...

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