Tri-Mar Contractors, Inc. v. Itco Drywall, Inc.

In an action to recover damages for breach of contract, the defendant appeals from a judgment of the Supreme Court, Queens County, entered September 11, 1978, which, after a nonjury trial, is in plaintiff’s favor. The plaintiff cross-appeals from the same judgment insofar as it limits its recovery to the principal amount of $21,033.95, plus interest, costs and disbursements. Judgment modified, on the law and on the facts, by increasing the principal amount of the recovery to $22,539.34. As so modified, judgment affirmed, without costs or disbursements, and action remitted to Trial Term for…