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S&S MGT., LLC v. BERK

2008-06078 2008-08705.

2009 NY Slip Op 06420

S & S MANAGEMENT, LLC, ET AL., appellants, v. GEORGE E. BERK, ET AL., respondents.

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

Decided September 8, 2009.

Attorney(s) appearing for the Case

Tashlik, Kreutzer, Goldwyn & Crandell, P.C., Great Neck,, N.Y. (Jeffrey N. Levy of counsel), appellant pro se and for appellant S & S Management, LLC.

Saidel and Saidel, P.C., Yorktown Heights, N.Y. (Eric H. Holtzman of counsel), for respondents.

Before: William F. Mastro, J.P., Thomas A. Dickerson, Randall T. Eng, L. Priscilla Hall, JJ.

DECISION & ORDER

ORDERED that the appeal from the order is dismissed; and it is further,

ORDERED that the judgment is modified, on the law and the facts, by deleting the provision thereof adjudging, decreeing, and declaring that the contract was rescinded, and substituting therefor a provision adjudging, decreeing, and declaring the contract to be void ab initio; as so modified, the judgment is affirmed insofar as appealed from; and it is further,

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