Moniz v. National Constructors, Inc.

In this action for work, labor and services, judgment has been entered, after trial by the court without a jury, in favor of plaintiffs upon their alleged cause of action on a finding by the court that the defense thereto of accord and satisfaction was not established; and an order has been made severing defendant’s counterclaim and directing its separate trial. Upon defendant’s appeal from the judgment and the order of severance, the judgment and order are reversed upon the law and the facts, the motion for a severance denied, and a new trial granted, with costs to appellant to abide the…