Barstow v. State

Claimants move “ for summary judgment pursuant to Civil Practice Rule 113 on the second cause of action in this claim, [sic] and for an order of the Court directing an immediate hearing* before a referee to assess the amount or the extent of the damages to which claimants are entitled ’ ’. The motion is vigorously opposed by the defendant, orally and by brief and affidavit.

Claimants sued the defendant on alternate causes of action (Civ. Prac. Act, § 258) arising out of alleged breach of contract for the performance of professional engineering services (survey and detail design, Nassau…