DEERE & COMPANY v. M.P. JONES COMPANIES, INC.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 11-00679 PRESENT: SMITH, J.P., FAHEY, LINDLEY, AND MARTOCHE, JJ.

DEERE & COMPANY, PLAINTIFF-RESPONDENT, V MEMORANDUM AND ORDER M.P. JONES COMPANIES, INC., MELISSA A. HORNUNG AND RICHARD R. JONES, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

GILLES R.R. ABITBOL, LIVERPOOL, FOR DEFENDANTS-APPELLANTS.

COSTELLO, COONEY & FEARON, PLLC, CAMILLUS (JENNIFER E. MATHEWS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered January 19, 2011 in a breach of contract action. The order awarded plaintiff a “judgment” of attorney’s fees in the amount of $20,523.25 and costs in the amount of $2,003.30 against defendants.

It is hereby ORDERED that the order so appealed from is unanimously affirmed with costs.

Same Memorandum as in Deere & Co. v M.P. Jones Cos., Inc. ([appeal No. 1] ___ AD3d ___ [Mar. 16, 2012]).

Entered: March 16, 2012 Frances E. Cafarell Clerk of the Court