Ban Do Construction, Inc. v. Connolly

Judgment, Supreme Court, New York County (Joan B. Lobis, J.), entered January 13, 2009, awarding plaintiff the principal sum of $37,990.89, unanimously affirmed, without costs. Appeals from orders, same court (Michael D. Stallman, J.), entered April 25, 2008, to the extent it denied the corporate defendant’s *429motion for summary judgment, and (Lobis, J.), entered on or about December 9, 2008, which granted plaintiff the money judgment after nonjury trial, unanimously dismissed as subsumed in the appeal from the judgment.

Plaintiff sued for the balance due upon its substantial completion of…