JAY JEN INC PLAINTIFF APPELLANT v. APPEAL NO (2010)

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

JAY N JEN, INC., PLAINTIFF-APPELLANT, v. POLGE SEAFOOD DISTRIBUTING, INC. AND TIMOTHY J. POLGE, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

CA 09-00519

Decided: February 11, 2010

PRESENT: SCUDDER, P.J., FAHEY, CARNI, AND GORSKI, JJ.

ALI, PAPPAS & COX, P.C., SYRACUSE (P. DOUGLAS DODD OF COUNSEL), FOR PLAINTIFF-APPELLANT. GERMAIN & GERMAIN, LLP, SYRACUSE (JOHN J. MARZOCCHI OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted in part, attorney's fees are awarded to plaintiff, and the matter is remitted to Supreme Court, Onondaga County, for further proceedings in accordance with the same Memorandum as in Jay N Jen, Inc. v Polge Seafood Distrib., Inc. ( [appeal No. 1] _ AD3d _ [Feb. 11, 2010] ).

Patricia L. Morgan

Clerk of the Court

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