Legal Opinion
Maloney Carpentry, Inc. v. Budnick
Appellate Division of the Supreme Court of the State of New York
Decided June 6, 2005PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for breach of contract, the defendants appeal from a judgment of the Supreme Court, Putnam County (Sweeney, J., on judgment; Hickman, J., at trial), entered January 22, 2004, which, upon a jury verdict, is in favor of the plaintiff and against them in the principal sum of $63,144.48.
Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.
If a jury charge is “ambiguous, inconsistent, erroneous, confusing, one-sided, incomplete or overly technical a new trial *379will be ordered if prejudice has resulted to any…
2Cases cited5 opinions
- Pilgrim Homes & Garages, Inc. v. FioreAppellate Division of the Supreme Court of the State of New York · 1980
- Teramo & Co. v. O'Brien-Sheipe Funeral Home, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Smith v. Midwood Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 2001
- Carefree Building Products, Inc. v. BelinaAppellate Division of the Supreme Court of the State of New York · 1991
- Witherspoon v. Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by5 opinions
- Slatsky v. Great Neck Plumbing Supply, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Cekic v. Royal-Pak Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Cekic v. Royal-Pak Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Mason v. GredysaAppellate Division of the Supreme Court of the State of New York · 2006
- Sim v. Z. Z. Constr.Appellate Terms of the Supreme Court of New York · 2016