Incorporated Village of Philmont v. A. Colarusso & Son, Inc.

Appeal from an order and judgment of the *857Supreme Court at Special Term (Kahn, J.), entered February 4, 1981 in Albany County, which granted plaintiff’s motion for summary judgment and denied defendants’ motion to renew or reargue. A contract negotiated in July, 1978 required the defendant contractor to construct a sewage disposal system for the plaintiff village. During the performance of the work the village, claiming that tests showed certain defects, ordered the contractor to remove and reinstall an entire section of sewer line. The contractor hired a private consultant who found that only…