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DICARLO DISTRIBUTORS, INC. v. HAMPTON BAYS DINER CORP.

120 A.D.3d 612 (2014)

2014 NY Slip Op 05831

DICARLO DISTRIBUTORS, INC., Appellant, v. HAMPTON BAYS DINER CORP. et al., Respondents.

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

Decided August 20, 2014.

In an action, inter alia, to recover damages for breach of contract and unjust enrichment, the plaintiff appeals from so much of a judgment of the Supreme Court, Suffolk County (Pitts, J.), entered September 5, 2012, as, upon a decision of the same court dated September 29, 2011, made after a nonjury trial, awarded it the principal sum of only $34,000, failed to award it an attorney's fee, fixed prejudgment interest at a rate of...

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