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CANARICK v. CICARELLI

46 A.D.3d 587 (2007)

847 N.Y.S.2d 641

JEFFREY CANARICK et al., Appellants, v. FRANK CICARELLI et al., Defendants, and JAMES R. PETTY et al., Respondents.

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

Decided December 11, 2007.

Ordered that the order is affirmed, with costs.

By deed dated February 28, 2005, the defendants James R. Petty and Lyubov Petty (hereinafter the Pettys) transferred certain real property located in Woodbury (hereinafter the subject property) to the defendant Frank Cicarelli and his wife. Cicarelli and his wife retained the services of the defendant Charles W. Kuehn, an architect, and the defendant Lunasol Builders, Inc., a contractor, to design and construct a one...

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