FAC Cont. LLC v Yickjing567 LLC (2010 NY Slip Op 08168)

FAC Cont. LLC v Yickjing567 LLC

2010 NY Slip Op 08168 [78 AD3d 1512]

November 12, 2010

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 19, 2011

FAC Continental LLC, Appellant, v Yickjing567 LLC, Respondent. (Appeal No. 2.)

—[*1] Lewandowski & Associates, West Seneca (Lindsay M. Swensen of counsel), for plaintiff-appellant.

Drew & Drew, LLP, Buffalo (Carolyn Nugent of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered October 14, 2009 in a breach of contract action. The order awarded defendant money damages in the amount of $15,000.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the award of damages is vacated.

Same memorandum as in FAC Cont. LLC v Yickjing567 LLC (78 AD3d 1510 [2010] [decided herewith]). Present—Scudder, P.J., Peradotto, Carni, Green and Gorski, JJ.