Appellate Division of the Supreme Court of the State of New York June 13, 1985 (Young v. Whitney)

Mikoll, J.

Cross appeals from a judgment of the Supreme Court in favor of plaintiff, entered January 25,1984 in Rensselaer County, upon a verdict rendered at Trial Term (Hughes, J.).

On November 26, 1979, defendant and plaintiff’s assignor, Tec-Ser, Inc. (Tec-Ser), entered into an agreement whereby defendant would construct a building for Tec-Ser on its property for $17,000.