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AHN v. MALVASIO

1 A.D.3d 216 (2003)

767 N.Y.S.2d 225

SANGWOO AHN et al., Respondents, v. JOSEPH D. MALVASIO, Appellant.

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

November 18, 2003.

The trial testimony overwhelmingly established that plaintiffs and defendant entered into a joint venture to acquire an apartment for their mutual benefit, and that each party contributed to the apartment's purchase (see Richbell Info. Servs. v Jupiter Partners, 309 A.D.2d 288, 298 [2003]). Accordingly, the trial court properly found that when defendant sold the apartment without plaintiffs' consent, and retained the proceeds of...

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