Paterno & Sons, Inc. v. Town of New Windsor

In an action (1) to rescind a contract under which plaintiff was to construct a sewerage trunk system for a sewer district in defendant town and (2) to recover in quantum meruit for work done, (a) plaintiff appeals from an order of the Supreme Court, Orange County, entered June 28, 1973, which, after reargument, inter alla (i) denied plaintiff’s motion for summary judgment “for the relief demanded in the complaint ”, (ii) granted plaintiff summary judgment for the balance due under the contract to the date the contract was terminated, the amount to be determined upon an assessment, and (iii)…