Brooklyn & Queens Elevator Co. v. Excel Associates

In an action to foreclose a mechanic’s lien, defendant Excel Associates appeals from a resettled judgment of the Supreme Court, Nassau County (Roncallo, J.), entered May 31, 1984, which, after a nonjury trial and a ruling from the Bench dismissing appellant’s counterclaim to recover damages for breach of contract, awarded plaintiff the principal sum of $4,000.

Resettled judgment affirmed, with costs.

*631In a contract dated November 5, 1980, the terms of which were modified by a subsequent agreement dated March 31, 1981, plaintiff agreed to install and to repair certain elevator components in a…