Betsy Ross Rehabilitation Center, Inc. v. Birnbaum

Appeal from a judgment of the Supreme Court, Oneida County (Robert F. Julian, J.), entered March 24, 2006 in a breach of contract action. The judgment, after a nonjury trial, awarded damages, interest and attorney’s fees in favor of plaintiff and against defendants.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reducing the amount of the award by the amount owed by plaintiff under the promissory note from February 2001 to the date of entry of the judgment and as modified the judgment is affirmed without costs, and the…