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KELLEY v. PLATT

256 A.D.2d 1167 (1998)

682 N.Y.S.2d 364

WILLIAM S. KELLEY, Appellant, v. SHARON A. PLATT et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided December 31, 1998.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the motion of Sharon A. Platt (defendant) to dismiss the action under RPAPL article 15. Defendant's submissions establish that plaintiff does not have an interest in the real property. The allegations of plaintiff that he provided defendant with money for the down payment on the property and made payments on the mortgage are insufficient...

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