Bachrow v Turner Constr. Corp. v Lowy & Donnath, Inc.

Motion No: M-1003

Slip Opinion No: 2008 NYSlipOp 72104(U)

Decided on May 15, 2008

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

May 15, 2008

Bachrow v Turner Construction Corporation v Lowy & Donnath, Inc.

Clarification of the decision and order of this Court entered on December 20, 2007 (Appeal No. 2379) granted to the extent that said decision and order of this Court did not constitute a ruling as to the appropriate measure of damages should defendant, Turner Construction Corporation, prevail on its breach of contract claim. Leave to appeal to the Court of Appeal denied.

Before: Lippman, P.J., Mazzarelli, Saxe, Williams, Buckley, JJ.

Motion No. M-1003