Betsy Ross Rehabilitation Center, Inc. v. Birnbaum

Appeal from a judgment of the Supreme Court, Oneida County (Robert F. Julian, J.), entered January 29, 2008 in a breach of contract action. The judgment, among other things, granted plaintiffs motion to vacate a supplemental judgment entered March 28, 2007.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the third, fourth and fifth decretal paragraphs and by awarding defendants damages in the amount of $159,485.49 and as modified the judgment is affirmed without costs, and

It is further ordered that judgment be entered in favor of…