Appellate Division of the Supreme Court of the State of New York March 10, 2003 (C.K. Rehner, Inc. v. Arnell Construction Corp.)

—In an action to recover damages for breach of contract, the defendant appeals from so much of a judgment of the Supreme Court, Queens County (Kitzes, J.), entered October 18, 2001, as, upon granting the plaintiffs oral application pursuant to CPLR 4401 for judgment as a matter of law at the close of evidence, is in favor of the plaintiff and against it in the principal sum of $70,000, and the