D'Amario v. Connor Construction, Inc.

This is an action in contract in which the plaintiff seeks to recover $ 1,002.122 as an alleged balance due for work performed under a subcontract with the defendant.

Summary judgment was entered in the District Court Department for the plaintiff. The pleadings, affidavits and other documents upon which said summary judgment was based reveal the following:

On June 20, 1973 the parties executed a written subcontract whereby the plaintiff agreed to perform certain plumbing work for the defendant. Thereafter, a dispute arose between the parties as to which of them was required to perform certain…