Infilco Degremont, Inc. v. Carland Construction Co.

Order, Supreme Court, New York County (Burton S. Sherman, J.), entered January 10, 1991, which granted plaintiff’s motion for summary judgment as against all defendants in the amount of $77,000 plus interest at 1.5% a month between March 26, 1987 and the date of judgment, dismissed defendants’ counterclaim, and severed and set down for assessment that portion of the action seeking recovery of attorneys’ fees, and the judgment entered January 30, 1991 pursuant thereto, unanimously affirmed, with costs.

Defendants’ assertion that defective performance by plaintiff required defendant Garland…