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SMITH v. PERRIELLO

2010-04442.

85 A.D.3d 895 (2011)

926 N.Y.S.2d 111

2011 NY Slip Op 5254

JASON C. SMITH, Appellant, v. NICHOLAS PERRIELLO, JR., Respondent.

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

Decided June 14, 2011.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof, in effect, granting that branch of the defendant's motion which was, in effect, to limit the plaintiff's damages to the principal sum of $800 and substituting therefor a provision denying that branch of the motion, and (2) by deleting the provision thereof, in effect, denying, as academic, that branch of the plaintiff's cross motion which was...

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