Tufano Contracting Corp. v. Port of New York Authority

In an action to recover (1) payment of a balance allegedly due under a construction contract; (2) for extra work done there*833under; and (3) damages for its breach, the defendant appeals: (a) from an order of the Supreme Court, Queens County, entered April 30, 1962, which granted plaintiff’s motion for partial summary judgment of $65,774.65, with interest, on the first cause of action for the balance due under the contract; which severed the remaining 14 causes of action; and which directed that the judgment to be entered on such first cause of action shall provide that acceptance of payment of…