TAPALAGA v. GABRIELLI


284 A.D.2d 530 (2001)

727 N.Y.S.2d 628

JOSIF TAPALAGA et al., Respondents, v. FRANK GABRIELLI, Appellant.

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

Decided June 25, 2001.


Ordered that the judgment is modified by deleting the provision thereof awarding the plaintiffs the principal sum of $195,000 and substituting therefor a provision awarding the plaintiffs no damages; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.

The evidence submitted at the trial supports the finding of the Judicial Hearing Officer that the defendant wrongfully repudiated the contract providing that he construct...

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