McGEE v. J. DUNN CONSTR. CORP.

2007-08986

2008 NY Slip Op 07221

JAMES McGEE, ET AL., appellants, v. J. DUNN CONSTRUCTION CORP., ET AL., respondents.

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

Decided September 30, 2008.


Attorney(s) appearing for the Case

Lewis & Greer, P.C., Poughkeepsie, N.Y. (Darren H. Fairlie of counsel), for appellants.

Minotti Law Office, PLLC, Stormville, N.Y. (Thomas Minotti of counsel), for respondents.

Before: Robert A. Spolzino, J.P., David S. Ritter, Mark C. Dillon, Thomas A. Dickerson, JJ.


DECISION & ORDER

ORDERED that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiffs' motion which was to dismiss so much of the third counterclaim as sought compensatory damages pursuant to CPLR 3211(a)(7), and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court correctly...

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