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PHOENIX ASSET MANAGEMENT, LLC v. X & Y GROUP DEVELOPMENT, LLC

2014-01169, 2015-05461

130 A.D.3d 899 (2015)

15 N.Y.S.3d 75

2015 NY Slip Op 06229

PHOENIX ASSET MANAGEMENT, LLC, Respondent-Appellant, v. X & Y GROUP DEVELOPMENT, LLC, et al., Appellants-Respondents.

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

Decided July 22, 2015.

Ordered that the appeal and cross appeal from the order are dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is modified, on the law, (1) by adding thereto a provision dismissing the cause of action to recover damages in the sum of $250,000 for an alleged breach of paragraph 2 (b) of the parties' contract, (2) by deleting the provision thereof directing that interest on the $500,000 award be

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