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UPSTATE FORESTRY & DEV., LLC v. McDONOUGH HARDWOODS LTD.

1138 CA 19-00096.

178 A.D.3d 1412 (2019)

114 N.Y.S.3d 790

2019 NY Slip Op 09156

Upstate Forestry and Development, LLC, et al., Respondents, v. McDonough Hardwoods Ltd., Appellant, et al., Defendants.

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

Decided December 20, 2019.

Attorney(s) appearing for the Case

LAW OFFICE OF FRANCES E. BLAZER, ESQ., VERNON ( WILLARD R. PRATT, III , OF COUNSEL), FOR DEFENDANT-APPELLANT.

BOUSQUET HOLSTEIN, PLLC, SYRACUSE ( RYAN S. SUSER OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Whalen, P.J., Centra, Peradotto, Carni and DeJoseph, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the first decretal paragraph and awarding damages to defendant McDonough Hardwoods Ltd. as against plaintiff Upstate Forestry and Development, LLC in the amount of $5,360.11 together with interest at the rate of 9% per annum, and as modified the judgment is affirmed without costs, and the matter is remitted to Supreme Court, Oswego County, for further proceedings in accordance...

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