Comet Heating & Cooling Co. v. Modular Technics Corp.

Judgment of the Supreme Court, Bronx County, entered in the office of the clerk on May 12, 1976, which awarded judgment in plaintiffs favor against defendants in sum of $42,652, with interest, unanimously modified, on the law and on the facts, to reduce plaintiffs recovery to $33,805, with interest, and, as so modified, affirmed, without costs and without disbursements. The trial court found that plaintiff subcontractor had substantially performed the work and supplied the materials required by his contract with defendant Modular, the contractor. It further found that discontinuance of the…