NAB Construction Corp. v. Great American Insurance

Order of the Supreme Court, New York County, entered February 7, 1980, denying plaintiff’s motion for leave to renew reversed, on the law and facts, with costs, the motion for leave to renew granted and, upon such renewal, vacating so much of the order of Special Term entered November 22, 1978 as granted summary judgment to defendant, and denying defendant summary judgment. This appeal presents a twice-told tale. The matter was previously before us (70 AD2d 559). At that time we affirmed, by a divided court, Special Term’s grant of summary judgment to defendant. Plaintiffs thereupon appealed…