E & M Hardwood Flooring Corp. v. Chlupsa

*829OPINION OF THE COURT

Memorandum.

Judgment unanimously modified by vacating the award to defendant and dismissing defendant’s counterclaim, and, as so modified, affirmed without costs.

Plaintiff, a subcontractor, sued defendant, a landowner, for work, labor and services regarding the installation of a hardwood floor in defendant’s home. The subcontractor stated that his only contract was with the general contractor. The defendant homeowner counterclaimed for defective work done by the subcontractor.

The judgment should be modified to the extent of dismissing defendant’s counterclaim. “[A]…