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ABRAHAM v. AMERICAN GARDENS CO.

2017-02273. Index No. 52263/14.

189 A.D.3d 741 (2020)

136 N.Y.S.3d 148

2020 NY Slip Op 07152

Mathew Abraham et al., Respondents, et al., Plaintiffs, v. American Gardens Company et al., Defendants, and American Gardens Company, LLC, et. al., Appellants.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Hogan & Cassell, LLP, Jericho, NY ( Michael Cassell of counsel), for appellants.

Mathew Abraham and Annamma Mathew, Port Chester, NY, respondents pro se.

Austin, J.P., Leventhal, Roman and Barros, JJ., concur.

Ordered that the judgment is modified, on the law and the facts, (1) by deleting the provision thereof in favor of the plaintiffs Mathew Abraham and Annamma Mathew and against the defendant American Gardens Company, LLC, in the principal sum of $300,000, (2) by deleting the provision thereof awarding a credit to the defendants American Gardens Company, LLC, and Thomas John in the sum of $90,000 for interest payments previously made, and (3) by deleting the provision thereof...

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