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DULCETTE TECH., LLC v. MTC INDUS., INC.

2019-11272, 2019-12558. Index No. 60071/13.

210 A.D.3d 1055 (2022)

177 N.Y.S.3d 490

2022 NY Slip Op 06787

Dulcette Technologies, LLC, Respondent-Appellant, v. MTC Industries, Inc., Appellant-Respondent, et al., Defendant.

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

Decided November 30, 2022.

Attorney(s) appearing for the Case

Kevin Kerveng Tung, P.C., Flushing, NY ( Kevin K. Tung and Daniel John Murphy of counsel), for appellant-respondent.

White, Cirrito & Nally, LLP, Hempstead, NY ( Christopher M. Lynch , of counsel), for respondent-appellant.

Brathwaite Nelson, J.P., Rivera, Chambers and Zayas, JJ., concur.

In an action, inter alia, to recover damages for breach of express warranty and fraud, the defendant MTC Industries, Inc., appeals, and the plaintiff cross appeals, from (1) a decision of the Supreme Court, Suffolk County (James Hudson, J.), dated August 27, 2019, and (2) a judgment of the same court entered September 30, 2019. The judgment, insofar as appealed from, upon the decision, made after a nonjury trial, is in favor of the plaintiff and against the defendant MTC...

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