Wickham Contracting Co. v. Construction Corp.

—In an action based upon a liquidating agreement, plaintiff appeals from an order of the Supreme Court, Westchester County, entered September 13, 1977, which denied its motion, pursuant to CPLR 3213, for summary judgment in lieu of complaint in the sum of $37,476.74, together with interest thereon from November 22, 1976. Order reversed, on the law, and motion granted, with $50 costs and disbursements. Defendant entered into a contract with the Federal Government for the construction of a building. Plaintiff and defendant thereupon entered into a subcontract which provided for the former to do…