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BETSY ROSS REHABILITATION CENTER, INC. v. BIRNBAUM

59 A.D.3d 1034 (2009)

872 N.Y.S.2d 784

BETSY ROSS REHABILITATION CENTER, INC., Respondent, v. MICHAEL J. BIRNBAUM et al., Appellants and Third-Party Plaintiffs-Appellants. IRENE KAY et al., Third-Party Defendants-Respondents.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided February 6, 2009.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the third, fourth and fifth decretal paragraphs and by awarding defendants damages in the amount of $159,485.49 and as modified the judgment is affirmed without costs, and

It is further ordered that judgment be entered in favor of defendants and against plaintiff in the amount of $159,485.49.

Memorandum: Plaintiff purchased a health care facility from defendants...

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