A. & J. Cianciulli Inc. v. Town of Greenburgh

We have here a motion by plaintiff for summary judgment. The action is by a contractor against a town to recover a balance claimed to be owing the contractor for extra work and materials allegedly furnished under a contract for installation of lateral sewers, lateral water mains and improvements of highways in certain existing improvement districts in the town.

There is no issue with respect to the furnishing of the extra work and materials for which claim is made, nor with respect to the reasonable or agreed cost thereof. The town, however, by its answer, presents two alleged defenses. The…