Marna Construction Corp. v. Town of Huntington

Motion dismissed on the ground the order of the Appellate Division affirming a judgment of the Supreme Court, Suffolk County, is not final. The judgment, describing itself as an “ interlocutory judgment ”, determined that plaintiff was entitled to recover a specified sum from the town under a construction contract, subject to a further determination of an affirmative defense of the town which, if sustained, could have reduced the amount of the judgment. It also dismissed the town’s connterclaim based on performance of the work. Since the cause of action asserted by plaintiff was for the…