Edenwald Contracting Co. v. City of New York

Upon remittitur from the Court of Appeals (60 NY2d 957), the order of this court entered on August 26,1982 and its accompanying memorandum (89 AD2d 836) are recalled and vacated and the order of the Supreme Court, New York County (Ellerin, J.), entered on February 18, 1982 which, upon reargument and renewal, granted the city’s motion to amend its pleadings to assert the affirmative defense of waiver and release; granted the city’s motion for summary judgment and denied plaintiff’s cross motion for partial summary judgment, unanimously modified, on the law, to the extent of denying the city’s…