EMERICK GROSS REAL ESTATE, L.P. v. GEORGE A. FULLER CONSTRUCTION MANAGEMENT, INC.

2009-02555

76 A.D.3d 702 (2010)

907 N.Y.S.2d 66

EMERICK GROSS REAL ESTATE, L.P., Appellant-Respondent, v. GEORGE A. FULLER CONSTRUCTION MANAGEMENT, INC., et al., Defendants, and GEORGE A. FULLER COMPANY, INC., Respondent-Appellant.

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

Decided August 31, 2010.


Ordered that the judgment is modified, on the law, by deleting the provision thereof in favor of the plaintiff and against the defendant George A. Fuller Company, Inc., in the principal sum of $10,000 for the debranched tree; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for a trial on the issue of treble damages, if any, resulting from...

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