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LEWIS v. JEFFERSON

45 A.D.3d 814 (2007)

845 N.Y.S.2d 748

GREGG S. LEWIS, Respondent, v. LA TONYA D. JEFFERSON, Appellant, et al., Defendants.

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

Decided November 27, 2007.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

The appellant was not entitled to a credit for payments made by the plaintiff in connection with the purchase of the subject property since she did not submit adequate proof that the payments were made with commingled funds belonging to both parties (see Goldberg v Goldberg, 204 A.D.2d 513 [1994]; Frater v Lavine,

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