Serena Construction Corp. v. Valley Drywall Service, Inc.

Appeal from a judgment of the Supreme Court in favor of defendant, entered December 4, 1973 in Tompkins County, upon a decision of the court following a trial, without a jury, at an adjourned Special Term. Defendant counterclaimed under a contract with plaintiff, and in quantum meruit, for drywall installation work performed by it after action had been commenced by plaintiff for breach of the same contract. Plaintiff now appeals from the judgment entered in defendant’s favor upon that counterclaim following a trial of-the issues without a jury. We affirm. There was ample evidentiary support…