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JOHN T. NOTHNAGLE, INC. v. CHIARIELLO

1152 CA 08-02264.

66 A.D.3d 1524 (2009)

887 N.Y.S.2d 411

2009 NY Slip Op 7298

JOHN T. NOTHNAGLE, INC., Respondent, v. PETER G. CHIARIELLO et al., Appellants, et al., Defendants. (Appeal No. 2.)

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

Decided October 9, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed with costs, plaintiff is awarded attorneys' fees on appeal and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: Peter G. Chiariello and Elmer's Brighton Garage, Inc. (defendants) appeal from a judgment awarding plaintiff, a licensed real estate broker, damages and attorneys' fees for defendants' breach of a listing contract...

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