Jasco Tools, Inc. v. Rogers

Appeal from a judgment of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered November 1, 2006. The judgment, following an inquest on damages, awarded $552,375.69 in favor of defendant Gary W Rogers and against plaintiff on that defendant’s counterclaim.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion for summary judgment is denied in its entirety and the complaint is reinstated.

Memorandum: This case was before us on a prior appeal (Jasco Tools v Rogers, 303 AD2d 944 [2003]), wherein we…