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PKG ASSOCIATES, INC. v. MILE DEVELOPMENT CORP.

59 A.D.3d 693 (2009)

___ N.Y.S.2d ___

PKG ASSOCIATES, INC., et al., Respondents, v. MILE DEVELOPMENT CORP., Doing Business as BEECHWOOD ORGANIZATION, et al., Appellants.

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

Decided February 24, 2009.

Ordered that the judgment is modified, on the facts, by deleting the provision thereof awarding the plaintiff the principal sum of $540,000 and substituting therefor a provision awarding the plaintiff the principal sum of $360,000; as so modified, the judgment is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for a recalculation of prejudgment interest and the entry of an appropriate amended judgment thereafter.<...

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