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HOTH ASSOCS. v. CAPRIOLA

236 A.D.2d 368 (1997)

654 N.Y.S.2d 570

Hoth Associates, Appellant, v. Dennis Capriola, Doing Business as Jericho Excavating, Respondent

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

February 3, 1997

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, there was sufficient evidence to support the jury's conclusion that the plaintiff materially breached the parties' contract. Further, there was sufficient evidence of the reasonable value of the work, labor, and services furnished by the defendant to support the jury's award of damages. The verdict was not against the weight of the...

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