E. Totonelly Sons, Inc., of Newburgh, New York v. Town of Fairfield

HINCKS, Circuit Judge.

Plaintiff, a contractor, was engaged by the defendant Town to construct and install certain sewers. Because of the excessive infiltration of ground water into the sewer lines, the defendant was unsatisfied with the result of plaintiff’s work and withheld payments under the contract. This lawsuit followed. Plaintiff appeals from the dismissal of its complaint, which sought to recover contract balances, claims for additional work, and damages for the Town’s alleged breach of contract, and from the earlier entry of summary judgment against it on counts for additional work…