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S & J SERV. CTR., INC. v. COMMERCE COMMERCIAL GROUP, INC.

2020-09783. Index No. 59714/18.

208 A.D.3d 908 (2022)

174 N.Y.S.3d 706

2022 NY Slip Op 05104

S & J Service Center, Inc., Appellant, v. Commerce Commercial Group, Inc., Respondent.

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

Decided August 31, 2022.

Attorney(s) appearing for the Case

Cohn & Spector, White Plains, NY ( Julius W. Cohn of counsel), for appellant.

Aldo V. Vitagliano, P.C., Rye, NY, for respondent.

Connolly, J.P., Roman, Christopher and Ford, JJ., concur.

Ordered that the order is affirmed, with costs.

On June 21, 2018, the plaintiff commenced this action against the defendant, inter alia, to recover damages for breach of contract. In an order dated February 4, 2019 (hereinafter the dismissal order), the Supreme Court granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint. The plaintiff appealed. In a decision and order dated December 18, 2019 (hereinafter the reversal order), this Court reversed...

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