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POLYFUSION ELECTRONICS, INC. v. PROMARK ELECTRONICS, INC.

635.1 CA 12-02035.

108 A.D.3d 1186 (2013)

970 N.Y.S.2d 651

2013 NY Slip Op 5386

POLYFUSION ELECTRONICS, INC., Respondent-Appellant, v. PROMARK ELECTRONICS, INC., et al., Appellants-Respondents.

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

Decided July 19, 2013.

Appeal and cross appeal from a judgment of the Supreme Court, Erie County (John A. Michalek, J.), entered December 22, 2011. The judgment dismissed the complaint and awarded defendant Promark Electronics, Inc., money damages on the fourth counterclaim.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the award of damages under the fourth counterclaim and awarding instead the same amount of damages to defendant...

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