342 Holding Corp. v. Carlyle Construction Corp.

Judgment is unanimously modified on the law to dismiss the complaint as against Carlyle Construction Corp., and on the law and on the facts to order a new trial against Delma Engineering Corp., only with respect to the damages alleged to have been suffered by the plaintiff Mabux Restaurant, Ltd., by way of loss of profits, with $50 costs and disbursements to defendant Carlyle Construction Corp., and as between the defendant Delma and plaintiff Maibux Restaur,ant, Ltd., costs to abide the event, and without any other costs or disbursements, and as modified the judgment is affirmed.…