Harris v. Tri-Cities Fabricating Co.

This is an appeal from a judgment for the plaintiff in the sum of $16,330.35. Plaintiff brought an action of contract to recover the sum of $24,034.35 for certain labors performed for the defendant or its predecessors in interest.

*12According to plaintiff the subject work was performed in New York State on or about June 1, 1967 and for varying periods thereafter. Defendant filed a general denial and, of particular relevance herein, expressly pleaded by way of affirmative defense the fact that a judgment had been entered for the defendant as a result of litigation commenced by the defendant’s…