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SCUDDER v. BAKER

172 A.D.2d 40 (1991)

Charles H. Scudder, Appellant-Respondent, v. Harry R. Baker et al., Respondents-Appellants

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

December 5, 1991

Attorney(s) appearing for the Case

Williams, Du Brin & Burkich (Frank J. Williams, Jr., of counsel), for appellant-respondent.

Kingsley, Towne & McLenithan, P. C. (James T. Towne, Jr., of counsel), for respondents-appellants.

MAHONEY, P. J., MIKOLL and CREW III, JJ., concur.

CASEY, J.

In this action, plaintiff seeks to recover the $30,000 balance allegedly due under a contract whereby plaintiff agreed to perform certain engineering services for defendants. The answer includes a counterclaim, seeking $295,000 as damages based upon allegations that plaintiff breached the contract. After a nonjury trial, Supreme Court awarded plaintiff $5,000 and dismissed the counterclaim. Both parties...

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