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Johns v. Lester Johns

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


June 5, 2009

LESTER A. JOHNS, PLAINTIFF-RESPONDENT,
v.
LESTER JOHNS, INC., MCN CONSTRUCTION, INC., PHILIP E. MCNULTY, INDIVIDUALLY, AND FRANCES MCNULTY, INDIVIDUALLY, DEFENDANTS-APPELLANTS.
IN THE MATTER OF LESTER A. JOHNS, PETITIONER-RESPONDENT,
v.
LESTER JOHNS, INC., MCN CONSTRUCTION, INC., PHILIP E. MCNULTY, INDIVIDUALLY, FRANCES MCNULTY, INDIVIDUALLY, RESPONDENTS-APPELLANTS, ET AL., RESPONDENTS. (APPEAL NO. 1.)

Appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered April 19, 2007. The order awarded judgment in favor of plaintiff-petitioner on certain causes of action after a non-jury trial.

PRESENT: CENTRA, J.P., PERADOTTO, GREEN, PINE, AND GORSKI, JJ.

ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

20090605

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