STRATUS SERVICES GROUP, INC. v. KASH 'N GOLD, LTD.

2010-06968.

90 A.D.3d 641 (2011)

935 N.Y.S.2d 302

2011 NY Slip Op 8928

STRATUS SERVICES GROUP, INC., Plaintiff, v. KASH 'N GOLD, LTD., Defendant. (Action No. 1.) AMERICAN HOME ASSURANCE COMPANY, as Subrogee of Kash 'N Gold, Ltd., Appellant, v. STRATUS SERVICES GROUP, INC., Respondent. (Action No. 2.)

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

Decided December 6, 2011.


Ordered that the judgment is reversed insofar as appealed from, on the law and the facts, with costs, the plaintiff in action No. 2 is awarded judgment on the first cause of action alleging breach of contract, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of an appropriate amended judgment, inter alia, in favor of the plaintiff and against the defendant in action No. 2 in the principal sum of $241,251.71.

The defendant in action No...

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