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

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.