Jay N Jen, Inc. v Polge Seafood Distrib., Inc.

Jay N Jen, Inc. v Polge Seafood Distrib., Inc. 2010 NY Slip Op 01249 [70 AD3d 1450] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

Jay N Jen, Inc., Appellant, v Polge Seafood Distributing, Inc., et al., Respondents. (Appeal No. 2.)

—[*1] 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.

Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered January 12, 2009 in a breach of contract action. The order, insofar as appealed from, denied that part of plaintiff's motion for attorney's fees.

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. (70 AD3d — [2010]). Present—Scudder, P.J., Fahey, Carni and Gorski, JJ.