Joseph Davis, Inc. v. Merritt-Chapman & Scott Corp.

Judgment unanimously affirmed, with costs. Memorandum : The first cause of action in the complaint sought to recover a stated amount claimed to be due plaintiff on the contract made on April 7, 1959 between the parties. The second cause of action in the pleading sought to recover a stated amount for “ additional work, labor and services; and furnished materials consisting of the fabrication and furnishing of pipe supports” by plaintiff. Upon a prior appeal (27 A D 2d 114) we directed summary judgment on both causes of action and remanded solely for an assessment of damages thereon. The…