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KWANGUK PAK v. KEY CONSTR. MANAGEMENT CORP.

23 Misc.3d 62 (2009)

KWANGUK PAK, Appellant, v. KEY CONSTRUCTION MANAGEMENT CORP. et al., Defendants, and Do SANG KWON et al., Respondents.

Supreme Court, Appellate Term, Second Department.

Decided March 31, 2009.

Attorney(s) appearing for the Case

Butler, Fitzgerald, Fiveson & McCarthy, P.C., New York City (David K. Fiveson of counsel), for appellant. Ryan, Perrone & Hartlein, P.C., Mineola (Robin Mary Heany of counsel), for respondents.

PESCE, P.J., WESTON and STEINHARDT, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment, insofar as appealed from, reversed without costs, so much of the order as denied the branch of plaintiff's motion pursuant to CPLR 4404 (a) seeking to direct judgment in favor of plaintiff on the issue of liability vacated, said branch of plaintiff's motion granted, and matter remanded for trial on the issue of damages.

The instant case proceeded to trial...

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