Appellate Division of the Supreme Court of the State of New York May 25, 1983 (Old Forge Construction Co. v. City of Syracuse)

— Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Defendant appeals from an order which granted plaintiff summary judgment for the amount held in retention by the city under a contract, and which also ordered that plaintiff is entitled to punitive damages and directed an inquest to determine the amount thereof.