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Edelstein v. Pirrotti

Appellate Division of the Supreme Court of New York, Second Department
Sep 10, 2001
286 A.D.2d 660 (N.Y. App. Div. 2001)

Opinion

Argued June 11, 2001

September 10, 2001.

In an action to recover damages for breach of contract, the defendants appeal from a judgment of the Supreme Court, Westchester County (Bellantoni, J.), entered March 14, 2000, which, upon a jury verdict, is in favor of the plaintiffs and against them in the principal sum of $564,568.47.

Annette G. Hasapidis, P.C., South Salem, N.Y., for appellants.

Meiselman, Denlea, Packman Eberz, P.C., White Plains, N Y (Jeffrey I. Carton of counsel), for respondents.

Before: LAWRENCE J. BRACKEN, P.J., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, and SANDRA J. FEUERSTEIN, JJ.


ORDERED that the judgment is affirmed, with costs.

The jury verdict on the issue of liability was not against the weight of the evidence, as the verdict was supported by a fair interpretation of the evidence. Furthermore, contrary to the defendants' contention, the Supreme Court properly precluded the defendants from introducing testimony as to the extensiveness of the work performed by the plaintiffs, the referring attorneys, in an underlying personal injury action. There was proof from which the jury could find that the plaintiffs had performed services in that action (see, Benjamin v. Koeppel, 85 N.Y.2d 549; Sickmen v. Birzon, Szczepanowski Quinn, 276 A.D.2d 689; see generally, Getreu v. Plaxall, Inc., 261 A.D.2d 574; Nicastro v. Park, 113 A.D.2d 129).

The defendants' remaining contentions are without merit.


Summaries of

Edelstein v. Pirrotti

Appellate Division of the Supreme Court of New York, Second Department
Sep 10, 2001
286 A.D.2d 660 (N.Y. App. Div. 2001)
Case details for

Edelstein v. Pirrotti

Case Details

Full title:PETER M. EDELSTEIN, ET AL., RESPONDENTS, v. ANTHONY J. PIRROTTI, ET AL.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 10, 2001

Citations

286 A.D.2d 660 (N.Y. App. Div. 2001)
729 N.Y.S.2d 772

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