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POLYFUSION ELECTRONICS, INC. v. AIRSEP CORPORATION

30 A.D.3d 984 (2006)

816 N.Y.S.2d 783

POLYFUSION ELECTRONICS, INC., Appellant-Respondent, v. AIRSEP CORPORATION, Respondent-Appellant.

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

June 9, 2006.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed and the judgment is affirmed without costs.

Memorandum:

Plaintiff commenced this action to recover damages for breach of contract and now appeals from a judgment entered following a nonjury trial on the issue of damages. According to plaintiff, Supreme Court erred in reducing the amount of damages awarded to plaintiff by subtracting indirect labor costs. The record establishes...

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