Tubular Products, Inc. v. Jacobson

OPINION OF THE COURT

Anthony J. Ferraro, J.

In this action, plaintiff seeks to recover the sum of $39,868 *808representing the balance claimed to be due for the installation of a glass and bronze railing in the interior of defendant’s premises and an aluminum railing at the exterior thereof.

Defendant has denied the allegations of the complaint and has interposed a counterclaim for $100,000.

Testimony during the trial has established that the condition of the railing has remained unchanged since the plaintiff left the work site.

The trial revealed serious issues of fact as to the condition of the…