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IN THE MATTER OF SOSTOWSKI v. DIFRANCESCO

20 Misc.3d 715 (2008)

860 N.Y.S.2d 911

In the Matter of C. MICHAEL SOSTOWSKI, Plaintiff, v. MONARCO J. DIFRANCESCO, Doing Business as PARKWAY ROW, Defendant.

Supreme Court, Broome County.

July 1, 2008.

Attorney(s) appearing for the Case

Thomas, Collison, Meagher & Seiden, Endicott (Joseph B. Meagher of counsel), for plaintiff.

Levene, Gouldin & Thompson, LLP, Binghamton (Gary W. Farneti of counsel), for defendant.

OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

In this breach of contract action, plaintiff seeks to recover, inter alia, the amount he spent to complete improvements upon real property he intended to lease from defendant for a dental office. The matter proceeded to trial, but on the first day of trial, the presiding justice became aware of a conflict with one of the witnesses, necessitating recusal. The trial was adjourned, and the matter was then transferred...

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