GMCK REALTY, LLC v. MIHALATOS

2011-06422.

95 A.D.3d 947 (2012)

944 N.Y.S.2d 220

2012 NY Slip Op 3598

GMCK REALTY, LLC, Respondent, v. DENNIS MIHALATOS et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 8, 2012.


Ordered that the order is reversed, on the law, with costs, the plaintiff's motion pursuant to Judiciary Law § 753 is denied, the answer and counterclaims are reinstated, and the directives in the order imposing sanctions upon and awarding an attorney's fee against the defendants, and directing the incarceration of the defendant Dennis Mihalatos, are vacated.

The plaintiff is the owner of property located in Astoria. The defendant was retained to perform construction...

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