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JOSEPH RIZZO CONSTR. CO. v. JOSEPH ARAGONA & SONS, INC.

202 A.D.2d 254 (1994)

609 N.Y.S.2d 781

Joseph Rizzo Construction Company, Respondent, v. Joseph Aragona & Sons, Inc., et al., Appellants

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

March 10, 1994

With the exception of one item discussed below, the IAS Court properly confirmed the Referee's report because the findings made were substantiated by the record (Kardanis v Velis, 90 A.D.2d 727). Most notably, defendants' belated argument that they were entitled to a credit for an additional $37,126 in labor and services performed is belied by their failure to timely controvert the Referee's finding that the parties had stipulated...

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