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VALCO BLDG. & MAINTENANCE SUPPLIES CORP. v. WERWAISS & CO., INC.

2020-02301. Index No. 703938/14.

215 A.D.3d 890 (2023)

188 N.Y.S.3d 95

2023 NY Slip Op 02024

Valco Building and Maintenance Supplies Corp., Appellant, v. Werwaiss & Co., Inc., et al., Defendants, and W B Werwaiss Realty, LLC, Respondent.

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

Decided April 19, 2023.

Attorney(s) appearing for the Case

Valiotis & Novella PLLC, Long Island City, NY ( Katie L. Bireley and Anthony J. Novella of counsel), for appellant.

Kaufman Dolowich Voluck, LLP, New York, NY ( James M. Kenny and Kevin J. O'Donnell of counsel), for respondent.

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

In an action, inter alia, to recover damages for breach of a lease, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Marguerite A. Grays, J.), entered January 24, 2020. The judgment, upon a decision of the same court entered September 7, 2018, made after a nonjury trial, is in favor of the defendant W B Werwaiss Realty, LLC, and against the plaintiff in the total sum of $883,243.21.

Ordered that the judgment is modified, on the facts, by...

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