Nab-Tern Constructors v. City New York

[123 A.D.2d 571 Page 571] Upon remittitur from the Court of Appeals order, Supreme Court, New York County (Allen M. Myers, J.), entered July 17, 1984 and resettled by said court on December 20, 1984, denying defendant city's motion for partial summary judgment dismissing the fourth cause of action and granting plaintiff's cross motion to amend the complaint, modified, on the law, the facts, and in the exercise of discretion, without costs and without disbursements, the cross motion to amend the complaint is denied, without prejudice to renewal at Special Term upon the completion of discovery.