Appellate Division of the Supreme Court of the State of New York April 11, 1966 (J. P. Lieberman & Son, Inc. v. Samuel Schlosberg, Inc.)

In an action to recover damages arising out of negligent and unworkmanlike performance of a contract to install plumbing and related facilities in the construction of a building, plaintiff appeals from an order of the Supreme Court, Queens County, entered August 13, 1965, which denied its motion for summary judgment, with a direction for an assessment of damages pursuant to CPLR 3212 (subd. [e]).