Dwight Getting Heating & Air Conditioning, Inc. v. Jeradco, Ltd.

—In an action to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Westchester County (Silverman, J.), dated September 25, 1997, which denied their motion pursuant to CPLR 4404 (b) to set aside the determination of the court, rendered pursuant to CPLR 4213 after a nonjury trial, in favor of the plaintiff.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff commenced this action to recover the balance allegedly due under a contract to install an air conditioning system in…