Opinion
July 27, 1970
Defendant appeals from (1) a judgment of the Supreme Court, Suffolk County, entered February 25, 1970 after a nonjury trial, granting plaintiff an injunction and money damages, (2) an order of the same court, entered February 17, 1970, which failed to grant defendant's motion to amend the trial court's decision, and (3) a resettled judgment of said court, entered March 23, 1970. Appeal from original judgment, entered February 25, 1970, dismissed, without costs. That judgment was superseded by the resettled judgment of March 23, 1970. Order entered February 17, 1970 modified, on the law and the facts, by adding a provision thereto that defendant's motion is granted to the further extent that the money damages be reduced to $855.65. As so modified, order affirmed, without costs. Resettled judgment entered March 23, 1970 modified, on the law and the facts, by reducing the money damages awarded in the first adjudicatory paragraph from $13,938.19 to $855.65 and by reducing the amount of interest therein and the total award of damages and interest accordingly. As so modified, resettled judgment affirmed, without costs (see Bates Chevrolet Corp. v. Haven Chevrolet, 16 A.D.2d 917, affd. 13 N.Y.2d 644, 646; cf. American Electronics v. Neptune Meter Co., 30 A.D.2d 117, 119; 30 A.D.2d 529; Conviser v. Brownstone Co., 209 App. Div. 584, 592; cf. Fox Sons v. King Poultry Co., 30 A.D.2d 789, mod. 23 N.Y.2d 914). Christ, P.J., Hopkins, Martuscello, Latham and Benjamin, JJ., concur.