Albert Saggese, Inc. v. Town of Hempstead

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by providing that, on its second cause of action against the joint venture and its third counterclaim against the town, Royal shall have judgment against the town in the amount of $54,060 and payment of that amount to Royal shall extinguish the town’s obligation on the award of judgment in that reduced amount to the joint venture and, as so modified, order affirmed, with costs to the town against the joint venture and Royal. The weight of the evidence comports with the conclusion that the items claimed as…