Judgment unanimously affirmed, with costs.
Memorandum:
The evidence presented a question of fact for the court, sitting without a jury, as to whether defendants owed to M & T Construction Company (M & T) an amount in excess of M & T's indebtedness to plaintiff. It is apparent that the court treated the assignment as security for such indebtedness, and hence did not award to plaintiff the full amount which plaintiff claimed was owing by defendants...
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