Gem Drywall Corp. v. C. Scialdo & Sons, Inc.

Judgment insofar as it dismisses the complaint against defendant C. Scialdo & Sons, Inc., unanimously reversed on the law and facts and judgment granted to plaintiff against said defendant in the amount of $8,040.75, with costs and disbursements, and otherwise judgment affirmed. *1046Memorandum: While the cause of action against the individual defendants was properly dismissed for failure of proof, it appears from the record that plaintiff sustained the burden of proving the existence of the contracts upon which it seeks a recovery as well as performance under such contracts against the defendant…