Opinion
December 22, 1953.
Appeal from Albany County Court.
Present — Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ.
Concededly services rendered by him to American in remodeling the second floor of the building were on a per diem basis and full payment therefor had been made. The question of plaintiff's extension of credit to American for material and services on the whole job was entirely one of fact for the jury. While there was dispute as to the terms and extent of the contract between these defendants for the remodeling of the building's first floor, and as to certain extras and additional services, that was again a question of fact for the jury. No reason is shown for disturbing the verdict either as to plaintiff Farley or defendant D'Ambrosio. Judgment unanimously affirmed, with one bill of costs to be divided equally between the respondents.