MARNA CONSTR. CORP. v. TOWN OF HUNTINGTON


31 N.Y.2d 854 (1972)

Marna Construction Corp., Respondent, v. Town of Huntington, Appellant. (And Another Action.)

Court of Appeals of the State of New York.

Decided December 6, 1972.


Attorney(s) appearing for the Case

Nicholas LaCarrubba, Town Attorney (Harold Mortensen and Jerome P. Wallin of counsel), for motion.

George F. Mackey opposed.


Motion dismissed on the ground the order of the Appellate Division affirming a judgment of the Supreme Court, Suffolk County, is not final. The judgment, describing itself as an "interlocutory judgment", determined that plaintiff was entitled to recover a specified sum from the town under a construction contract, subject to a further determination of an affirmative defense of the town which, if sustained, could have reduced the amount of the judgment. It also dismissed the...

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