Opinion
December 29, 1949.
Appeal from County Court of Rensselaer County.
Present — Foster, P.J., Brewster, Deyo, Santry and Bergan, JJ.
The action was for the value of work, labor and services rendered and materials furnished by plaintiff in an empty building which was under lease to and was intended for occupancy by a business corporation of which the defendant Ralph Passonno was an officer and director. The defense was a corporate hiring and employment as opposed to plaintiff's proofs that the defendants individually contracted with and promised to pay him. On the sharp issue presented in the conflict of evidence as to the parties responsible for the amount concededly due the plaintiff, we cannot say the verdict of the jury was against the weight of evidence. Judgment unanimously affirmed, with costs.