KOSSER v. DELMA ENG'G CORP.


7 A.D.2d 731 (1958)

Kenneth S. Kosser et al., Doing Business under the Name of K. & L. Construction Co., Appellants, v. Delma Engineering Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 1, 1958


Order affirmed, without costs, and without prejudice to (1) an application to amend this court's decision on the prior appeal (Matter of Delma Eng. Corp. [K & L Constr. Co.], supra), so as to limit the stay to the net amount actually in controversy between the parties, namely $54,026.01, and (2) a new application, in the event this court so amends its decision, for partial summary judgment as to the $12,411.53 which in its answer respondent has tendered...

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