Philip Zweig & Sons, Inc. v. Tuscarora Construction Co.

— Judgment and orders unanimously reversed, on the law and facts, with costs, and a new trial granted. Memorandum: Defendants appeal from a judgment entered upon a jury verdict for the plaintiff in the sum of $215,250.65. Defendants contend that the trial court erred in its charge to the jury, resulting in the jury failing to consider their counterclaims. The action is on a subcontract under a construction contract for the State, plaintiff being a subcontractor of defendant Tuscarora Construction Co., Inc. (Tuscarora), the principal contractor. At trial, as the case went to the jury Tuscarora…