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CONIBER v. CENTER POINT TRANSFER STATION, INC.

161 CA 15-01314.

137 A.D.3d 1604 (2016)

27 N.Y.S.3d 763

2016 NY Slip Op 01954

JEFF CONIBER, Doing Business as JEFF CONIBER TRUCKING, Respondent, v. CENTER POINT TRANSFER STATION, INC., et al., Appellants. (Appeal No. 2.).

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

Decided March 18, 2016.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for defendants' alleged breach of a waste hauling agreement (agreement). Following a nonjury trial, Supreme Court awarded plaintiff $755,125.58 in lost profits and $4,884.44 as late payment penalties and interest. Defendants appeal, and we now affirm.

Contrary to defendants' contention, the court's determination...

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