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BEN CONSTR. CORP. v. VENTRE

23 A.D.2d 44 (1965)

Ben Construction Corporation, Appellant, v. John Ventre, Jr., et al., Respondents

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

April 8, 1965.

Attorney(s) appearing for the Case

Charles P. Ben for appellant.

John S. Kenny and Paul C. De Bernardis for respondents.

BASTOW and DEL VECCHIO, JJ., concur with NOONAN, J.; WILLIAMS, P. J., dissents and votes to affirm in opinion in which GOLDMAN, J., concurs.

NOONAN, J.

The defendants were awarded a judgment on counterclaims in the Municipal Court (now City Court) of the City of Syracuse. Upon appeal to the Onondaga County Court the judgment was affirmed. This appeal is from the affirmance of that judgment.

The plaintiff instituted action to recover moneys claimed to be due under a contract for the installation of a swimming pool on the defendants' property. The counterclaims upon which the defendants...

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