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Cardone v. Cardone

246 A.D.2d 619 Court N.Y. App. Div. Decision date 1998-01-26 English

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p. 619
Paul Cardone, Respondent, v John Cardone, Appellant.
[667 NYS2d 305]

In an action to recover damages for breach of contract, the defendant appeals from (1) a decision of the Supreme Court, Suffolk County (Eggert, J.H.O.), dated September 10, 1996, and (2) a judgment of the same court, entered November 8, 1996, which, after a nonjury trial, is in favor of the plaintiff and against him in the principal amount of $72,500.

Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision {see, Schicchi v Green Constr. Corp., 100 AD2d 509 ); and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

The agreement between the parties was supported by adequate consideration (see, Joab Commercial Laundries v Reeder, 159 AD2d 489 , 490). The defendant’s remaining contentions are without merit (see, Matter of 166 Mamaroneck Ave. Corp. v 151 E. Post Rd. Corp., 78 NY2d 88 , 91; Cobble Hill Nursing Home v Henry & Warren Corp., 74 NY2d 475 , 482). Joy, J. P., Krausman, Florio and McGinity, JJ., concur.

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