Opinion
No. 04-P-93.
December 2, 2005.
Decision Pursuant to Rule 1:28.
The judgment with respect to count I is vacated and the case is remanded for a recomputation of the amount due the plaintiff on that count in conformity with the memorandum and order of the Appeals Court. With respect to count II the judgment is vacated and the case remanded for entry of a new judgment for the plaintiff on that count in the amount of $375,000 plus interest in conformity with the memorandum and order of the Appeals Court. The judgment with respect to count III is affirmed. The balance of the judgment is affirmed.