SUTO v. FOLKES HEATING, COOLING & BURNER SERVICE, INC.


15 A.D.3d 469 (2005)

790 N.Y.S.2d 673

JAMES J. SUTO et al., Appellants v. FOLKES HEATING, COOLING & BURNER SERVICE, INC., et al., Respondents.

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

February 14, 2005.


Ordered that the order is modified, on the facts and as a matter of discretion, by deleting the provision thereof granting the motion and substituting therefor a provision granting the motion to the extent of precluding the plaintiffs from presenting evidence of any item of damages for which the plaintiffs have failed to provide copies of cancelled checks or invoices demanded, and in the event the plaintiffs fail to produce check number 0940, further precluding the plaintiffs...

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