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397 WEST 12TH STREET CORP. v. ZUPA

20 A.D.3d 337 (2005)

797 N.Y.S.2d 754

397 WEST 12TH STREET CORP., Respondent, v. VICTOR ZUPA et al., Appellant, et al., Defendants.

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

July 14, 2005.

Regardless of the ultimate merit of plaintiff's claims in this action respecting the disposition of two properties, the evidence is insufficient to raise any triable issue as to whether plaintiff commenced or has prosecuted the action in bad faith (see CPLR 6514 [b]; Jonestown Place Corp. v 153 W. 33rd St. Corp., 74 A.D.2d 525 [1980], affd 53 N.Y.2d 847 [1981]).

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