SERENA CONSTR. CORP. v. VALLEY DRYWALL SERV., INC.


45 A.D.2d 896 (1974)

Serena Construction Corp., Appellant, v. Valley Drywall Service, Inc., Respondent

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

July 3, 1974


Defendant counterclaimed under a contract with plaintiff, and in quantum meruit, for drywall installation work performed by it after action had been commenced by plaintiff for breach of the same contract. Plaintiff now appeals from the judgment entered in defendant's favor upon that counterclaim following a trial of the issues without a jury. We affirm. There was ample evidentiary support for the trial court's decision accepting defendant's version of events and implicitly...

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