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ACME BLDRS. v. COUNTY OF NASSAU

36 A.D.2d 317 (1971)

Acme Builders, Inc., Respondent-Appellant, v. County of Nassau, Appellant-Respondent

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

April 19, 1971.

Attorney(s) appearing for the Case

Morris H. Schneider, County Attorney (Louis Schultz and Jeffrey I. Rosenberg of counsel), for appellant-respondent.

Nager & Korobow (George Nager of counsel), for respondent-appellant.

MUNDER, Acting P. J., and MARTUSCELLO, J., concur with LATHAM, J.; SHAPIRO, J., concurs in part and dissents in part, with a separate opinion in which BENJAMIN, J., concurs.

LATHAM, J.

In this action to recover a balance allegedly due upon a contract to repair and alter the Nassau County Jail and to recover the value of extra labor and materials furnished, the plaintiff was awarded $40,000 by a jury verdict. The defendant has appealed from the judgment entered March 3, 1970 upon the verdict. The judgment included interest at 6% per annum from August 2, 1963, but the interest has...

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