C.R. Drywall, Inc. v. Wade Lupe Construction Corp.

Appeals (1) in action No. 1 from a judgment of the Supreme Court (Dier, J.) in favor of plaintiff, entered November 21, 1990 in Warren County, upon a directed verdict at the close of plaintiff’s case in a nonjury trial, and (2) in action No. 2 from an amended judgment of said court, entered December 4, 1990 in Warren County, upon a decision of the court in favor of defendant.

When this appeal was previously before us (177 AD2d 821), we withheld decision in both action No. 1 and action No. 2 and remitted the matter to Supreme Court for factual findings explaining the rationale for its decision…