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BIENENSTOCK v. STATE OF NEW YORK

287 A.D.2d 587 (2001)

732 N.Y.S.2d 42

ARTHUR H. BIENENSTOCK, Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent. (Claim No. 85601.)

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

Decided October 22, 2001.

Ordered that the appeal and cross appeal from the decision are dismissed, as no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 A.D.2d 509); and it is further,

Ordered that the judgment is modified, on the law and the facts, by deleting therefrom the award of damages in the total sum of $701,003 and substituting therefor an award in the total sum of $1,264,125.50; as so modified, the judgment is affirmed...

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