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MATTER OF STEVE'S STAR SERVICE, INC. v. COUNTY OF ROCKLAND

278 A.D.2d 498 (2000)

718 N.Y.S.2d 72

In the Matter of STEVE'S STAR SERVICE, INC., Respondent, et al., Petitioners, v. COUNTY OF ROCKLAND et al., Appellants.

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

Decided December 26, 2000.

Ordered that the judgment is reversed, on the law, with costs, and to the extent that the proceeding seeks to compel the appellants to deliver a check in the sum of $259,745.65 to the petitioner Steve's Star Service, Inc., it is converted into an action to recover damages for breach of contract (see, CPLR 103 [c]), with the petition deemed the complaint, and the matter is remitted to the Supreme Court, Rockland County, for further proceedings consistent herewith.<...

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