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DALLURA v. RUBICCO

5 A.D.3d 346 (2004)

772 N.Y.S.2d 532

DAWN DALLURA, Respondent, v. ANNA RUBICCO, Appellant. (Action No. 1.) ANNA RUBICCO, Appellant, v. DAWN DALLURA, Respondent. (Action No. 2.)

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

March 1, 2004.

Ordered that the judgment is affirmed, with costs.

Anna Rubicco (hereinafter the buyer) agreed to purchase a car from Dawn Dallura (hereinafter the seller) for the purchase price of $28,000. The seller delivered the car to the buyer's house on the morning of Friday, May 25, 2001, and removed the license plates from the car. The seller testified at trial that later the same day, after receiving a check from the buyer in the amount of $8,000 for the balance of the purchase...

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