Jerry B. Wilson Roofing & Painting, Inc. v. Jobco—E. R. Kelly Associates, Inc.

Yesawich, Jr., J.

Appeal from an order of the Supreme Court (Fischer, J.), entered February 5, 1988 in Otsego County, which, upon remittal from this court, granted a motion by plaintiff Wilson Roofing, Inc. for final judgment.

The events leading up to this appeal are recited in a previous decision of this court (128 AD2d 953). Upon remittal, plaintiff Wilson Roofing, Inc. (hereinafter plaintiff) moved for final judgment on the ground that the issue of damages had already been determined at the previous trial (see, 131 AD2d 972, 973). Supreme Court granted that motion and defendants appeal.

Defend…