J. PETROCELLI CONSTR., INC. v. ROKMIN CONCRETE CORP.


99 A.D.2d 464 (1984)

J. Petrocelli Construction, Inc., Appellant, v. Rokmin Concrete Corp., Respondent. (Action No. 1.) Rokmin Concrete Corp., Respondent, v. J. Petrocelli Construction, Inc., Appellant. (Action No. 2.)

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

January 3, 1984


Judgment modified, on the facts, so as to reduce the principal sum awarded to $18,873.19. As so modified, judgment affirmed, without costs or disbursements.

A review of the record indicates that the judgment was fair and reasonably based on the credible evidence. However, the court inadvertently failed to grant a credit to appellant in the sum of $2,712.81. This credit was due under the Cottman Avenue project and was not in dispute. The judgment should be reduced...

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