Appellate Division of the Supreme Court of the State of New York February 26, 1979 (Segrete v. Zimmerman)

— In an action to recover the balance due on a contract or, in the alternative, to recover for the reasonable value of work, labor, services and materials, plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Queens County, dated April 26, 1978, which, inter alia, granted the branches of defendants’ motion which sought (1) summary judgment and (2) leave to serve an