Marco M. Frisone, Inc. v. Paul Borg Construction Co.

Judgment unanimously modified on the law and facts in accordance with memorandum in Marco M. Frisone, Inc. v. Borg Constr. Co. (40 A D 2d 589) decided herewith, and as modified affirmed, without costs but with disbursements to plaintiff-respondent. (Appeal from judgment of Monroe Trial Term in action for damages for breach of contract and to foreclose mechanic’s lien.) Present — Del Vecchio, J. P., Witmer, Gabrielli, Moule and Cardamone, JJ.