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IN THE MATTER OF SOSTOWSKI v. DiFRANCESCO

2003-2026.

2008 NY Slip Op 28262

IN THE MATTER OF C. MICHAEL SOSTOWSKI, Plaintiff, v. MONARCO J. DiFRANCESCO D/B/A PARKWAY ROW, Defendant.

Supreme Court of the State of New York, Broome County.

Decided July 1, 2008.

PHILLIP R. RUMSEY, J.

In this breach of contract action, plaintiff seeks to recover, inter alia, the amount he spent to complete improvements upon real property he intended to lease from defendant for a dental office. The matter proceeded to trial, but on the first day of trial, the presiding justice became aware of a conflict with one of the witnesses, necessitating recusal. The trial was adjourned, and the matter was then transferred to this court for further...

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