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SABERHAGEN v. SWEENEY

28 A.D.3d 737 (2006)

812 N.Y.S.2d 896

BRET SABERHAGEN, Respondent, v. THOMAS SWEENEY et al., Appellants. (And a Third-Party Action.)

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

April 25, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that the plaintiff is entitled to the money held in escrow.

Under the facts of this case, the Supreme Court providently exercised its discretion in granting the plaintiff's motion to strike the defendants' answer and counterclaims (see CPLR...

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