Gotham Construction Corp. v. City of New York

Judgment and order unanimously affirmed, with costs. Upon the former appeal to this court by the defendant it was held that there was no question of fact for the jury as to the meaning of the words “ mean high water elevation 100°° Transit Comm, datum.” This court, however, granted the plaintiff a new trial upon the theory that the plaintiff might be entitled to *700damages for misrepresentations or concealment of material facts in regard to the actual level of the ground water (225 App. Div. 829). The plaintiff, however, upon the new trial proceeded upon the same theory that it invoked on the…