Ordered that the order and judgment is modified, by deleting the fifth decretal paragraph thereof, and substituting therefor a provision denying that branch of the defendant's motion which was for partial summary judgment in its favor on its counterclaim for liquidated damages; as so modified, the order and judgment is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff, a plumbing contractor, and one of several prime contractors, brought...
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