KMT Construction Corp. v. Mega Contracting, Inc.

Judgment, Supreme Court, New York County (Faviola A. Soto, J), entered May 20, 2003, which, after a nonjury trial, dismissed the complaint and granted judgment on defendant Mega Contracting’s counterclaim in the principal amount of $84,944, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered on or about April 25, 2003, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

*195The trial court’s determination to credit defendants Mega (the prime contractor) and Seaboard Surety with the amount of the settlement with plaintiff’s…