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WALLACE v. STONEHENGE GROUP, LTD.

33 A.D.3d 789 (2006)

822 N.Y.S.2d 770

PETER WALLACE et al., Respondents, v. STONEHENGE GROUP, LTD., et al., Appellants.

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

Decided October 17, 2006.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, the facts, and in the exercise of discretion, the order is vacated, and the motion is granted to the extent that a new trial is granted as to damages only unless, within 30 days after service upon the plaintiff Peter Wallace of a copy of this decision and order, he shall serve and file in the office...

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