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PICCOLI v. CERRA, INC.

2020-05762, 2020-00640 Index No. 607027/17.

216 A.D.3d 1188 (2023)

190 N.Y.S.3d 424

2023 NY Slip Op 02901

Frank Piccoli et al., Respondents, v. Cerra, Inc., et al., Appellants.

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

Decided May 31, 2023.

Attorney(s) appearing for the Case

Clark Guldin, New York, NY (Jonathan T. Guldin and Jonathan A. Ozarow of counsel), for appellants.

Stim & Warmuth, P.C., Farmingville, NY (Paula J. Warmuth of counsel), for respondents.

Dillon, J.P., Maltese, Wooten and Warhit, JJ., concur.

In an action to recover damages for breach of contract, the defendants appeal from (1) an order of the Supreme Court, Suffolk County (Elizabeth H. Emerson, J.), dated June 12, 2020, and (2) an order of the same court dated January 11, 2021. The order dated June 12, 2020, granted the plaintiffs' motion to strike the defendants' demand for a jury trial. The order dated January 11, 2021, denied the defendants' motion for summary judgment dismissing the complaint.

Ordered...

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