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Berardi Construction, Inc. v. 271 Atkins Avenue Corp.

65 A.D.2d 805 Court N.Y. App. Div. Decision date 1978-11-27 English

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p. 805
Berardi Construction, Inc., Respondent, v 271 Atkins Ave. Corp. et al., Appellants.

In an action, inter alia, on a construction contract, defendants appeal from a judgment of the Supreme Court, Nassau County, dated May 11, 1978, which, after a nonjury trial, was in favor of the plaintiff. Judgment affirmed, with costs. The Trial Justice, who saw and heard all of the witnesses, was presented with a pure question of fact. We would not be warranted in disturbing his findings. Latham, J. P., Suozzi, Gulotta, Shapiro and Cohalan, JJ., concur.