Cohoes Housing Authority v. Ippolito-Lutz, Inc.

Appeal from an order of the Supreme Court at Special Term, entered February 25, 1977 in Albany County, which denied defendant’s motion to dismiss the complaint. In 1963, defendant, Ippolito-Lutz, Inc., commenced an action against plaintiff, Cohoes Housing Authority, seeking damages in the amount of $320,000 for contract balances due, retainages and extras. In that action the instant plaintiff interposed an answer which included two counterclaims for liquidated damages and failure in performance of the contract. Delayed pretrial procedures in this 1963 action culminated in an order of Special…