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ROSE FOOD v. APPLE ORCHARD FARMS CORP.

258 A.D.2d 458 (1999)

684 N.Y.S.2d 599

WHITE ROSE FOOD et al., Respondents, v. APPLE ORCHARD FARMS CORP. et al., Defendants, and FRANK MAZZILLI, Appellant.

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

Decided February 1, 1999.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is modified, on the facts, by deleting the provision thereof which is in favor of the plaintiffs and against the defendant Frank Mazzilli in the principal sum of $40,060.63, and substituting therefor a provision in favor of the plaintiffs and against the defendant Frank Mazzilli in the principal sum of $38,616.00; as so modified...

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