Donaldson Acoustics Co. v. Newsday, Inc.

— In an action to declare that defendant is obligated to pay plaintiff moneys owed pursuant to a subcontract, plaintiff appeals from an order of the Supreme Court, Nassau County (Wager, J.), entered March 25, 1981, which granted defendant’s motion for summary judgment and denied its cross motion for summary judgment. Order modified, on the law, by deleting the provision which dismissed the complaint, and substituting therefor a provision declaring that defendant is not obligated or bound to pay plaintiff pursuant to the subcontract entered into between plaintiff and Peck-Morse/Diesel. As so…