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MIRANCO CONTRACTING, INC. v. PEREL

57 A.D.3d 956 (2008)

871 N.Y.S.2d 310

MIRANCO CONTRACTING, INC., Respondent, v. ALAN PEREL et al., Appellants, et al., Defendant. (And a Third-Party Action.)

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

December 30, 2008.

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

Ordered that the judgment is reversed, on the facts and in the exercise of discretion, with costs, and a new trial is granted on the issue of damages only, unless, within 30 days after service upon the plaintiff of a copy of this decision and order, it shall file in the office of the Clerk of the Supreme Court, Richmond County, a written stipulation consenting to reduce the damages to the principal...

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