Bestway Construction, Inc. v. Broome County

— Cross appeals (1) from a judgment of the Supreme Court in favor of defendant Rose Stone & Concrete, Inc., entered April 4, 1983 in Broome County, upon a decision of the court at Trial Term (Lee, Jr., J.), without a jury, and (2) from a judgment of said court in favor of plaintiff, entered April 26,1983 in Broome County, upon a decision of the court, without a jury.

On October 31, 1977, plaintiff, Bestway Construction, Inc. (Bestway), entered into a contract with defendant Broome County (the county) for the construction of a dam on the Nanticoke Creek. Defendant Rose Stone & Concrete, Inc.…