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D D & P REALTY, INC. v. ROBUSTIANO

506755

68 A.D.3d 1496 (2009)

2009 NY Slip Op 9578

890 N.Y.S.2d 363

D D & P REALTY, INC., Appellant, v. GINO ROBUSTIANO, Individually and Doing Business as CALABRESE MASONRY, et al., Respondents.

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

Decided December 24, 2009.

Kane, J.

Plaintiff commenced this action alleging that defendants breached a contract by providing substandard work. Supreme Court entered a default judgment against defendants as to liability and ordered an inquest to determine damages (see CPLR 3215). After the inquest, the court held that defendant Gino Robustiano, individually and doing business as Calabrese Masonry, was liable to plaintiff for $32,000. The court, however,

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