FRYLING v. OMER CONSTRUCTION COMPANY, INC.


286 A.D.2d 983 (2001)

730 N.Y.S.2d 914

BRAD FRYLING et al., Doing Business as FRYLING BROS. COMPANY, Respondents, v. OMER CONSTRUCTION COMPANY, INC., Appellant.

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

Decided September 28, 2001.


Order unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action seeking payment due under a contract with defendant for their work in sealing parking lots, and defendant counterclaimed for damages allegedly caused by plaintiffs while completing the project. We reject defendant's contention that Supreme Court's decision and underlying findings of fact are against the weight of the evidence. On an appeal from a judgment after a bench trial...

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