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IANNACE v. JOHN A. JOHNSON & SONS, INC.

41 A.D.2d 665 (1973)

Edward C. Iannace, Doing Business as Carl Construction Company, Respondent, v. John A. Johnson & Sons, Inc. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 20, 1973

Judgment modified, on the facts, by reducing the principal award to plaintiff from $38,006.22 to $26,206.28 and accordingly reducing the interest thereon and the total recovery. As so modified, judgment affirmed insofar as appealed from. Appeal from order entered March 14, 1972 dismissed as academic.

Appellants are awarded a single bill of costs to cover both appeals. In our opinion, upon the weight of the credible evidence...

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