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RICO TILE CO. v. PERSICHILLI HOMES

64 Misc.2d 306 (1970)

Rico Tile Company, Inc., Plaintiff, v. Persichilli Homes, Inc., Defendant and Third-Party Plaintiff. Frank Romani et al., Third-Party Defendants.

District Court, Second District, Suffolk County.

June 29, 1970

Attorney(s) appearing for the Case

York M. Iguchi for third-party defendants. J. Edgar Sivanin for defendant and third-party plaintiff. Glazer, Hammer & Nagelberg for plaintiff.

WILLIAM M. PERRY, J.

The third-party defendants, Frank and Julia Romani move to set aside the judgment entered against them on the basis that this court lacks subject matter jurisdiction, in that the District Court does not have jurisdiction over a claim in the amount of $9,234.50.

The facts are as follows: The defendant Persichilli Homes, Inc. had heretofore agreed with one Romani to build a home on

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