Grandview Construction Corp. v. Lepore

—In an action to recover damages for an alleged breach of a contract entered into between appellant and respondent, providing for the performance of labor and the furnishing of materials by appellant in connection with a public improvement contract between respondent and the State of New Tort, and for the value and agreed price of extra labor and materials, the appeal is (1) from an order granting a motion to dismiss the complaint on the ground that there is an existing judgment of a court of competent jurisdiction, rendered on the merits, determining the issues between the parties, and (2)…