Opinion
May 18, 1967
Appeal from the Oneida Special Term.
Present — Williams, P.J., Goldman, Henry, Del Vecchio and Marsh, JJ.
Order unanimously reversed and summary judgment granted to plaintiff-appellant, with costs. Memorandum: The plaintiff is entitled to judgment as demanded in its complaint. There are no material issues of fact. It is clear that plaintiff is entitled to be paid immediately without regard to litigation participated in by the defendant Northern Builders, Inc. with others.