Appellate Division of the Supreme Court of the State of New York November 13, 1980 (Warren Brothers Co. v. Fidelity & Deposit Co. of Maryland)

Judgment unanimously modified, and, as modified, affirmed, with costs to plaintiff against Memphis Construction, Inc. Memorandum: The contention by Memphis Construction, Inc., that the court committed reversible error in its charge with respect to the prime contract and subcontract RD3 relating to Memphis’ fourth counterclaim for damages for plaintiff’s delay was not preserved for review.