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WATRAL & SONS, INC. v. OC RIVERHEAD 58, LLC

34 A.D.3d 560 (2006)

824 N.Y.S.2d 392

WATRAL & SONS, INC., Respondent, v. OC RIVERHEAD 58, LLC, Appellant, et al., Defendants.

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

Decided November 14, 2006.

Ordered that the judgment is modified, on the facts, by deleting the provision thereof awarding the plaintiff damages in the principal sum of $82,401, and substituting therefor a provision awarding the plaintiff damages in the principal sum of $12,762; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements.

The defendant OC Riverhead 58, LLC (hereinafter the defendant), owns a parcel...

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