Appellate Division of the Supreme Court of the State of New York December 31, 1981 (Incorporated Village of Philmont v. A. Colarusso & Son, Inc.)

Appeal from an order and judgment of the *857Supreme Court at Special Term (Kahn, J.), entered February 4, 1981 in Albany County, which granted plaintiff’s motion for summary judgment and denied defendants’ motion to renew or reargue. A contract negotiated in July, 1978 required the defendant contractor to construct a sewage disposal system for the plaintiff village.