SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 12, 2010
FAC CONTINENTAL LLC, PLAINTIFF-APPELLANT,
YICKJING567 LLC, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)
Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered October 14, 2009 in a breach of contract action. The order awarded defendant money damages in the amount of $15,000.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs and the award of damages is vacated.
Same Memorandum as in FAC Continental, LLC v Yickjing567 ([appeal No. 1] ___ AD3d ___ [Nov. 12, 2010]).
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