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RESTORATION SERVS. v. FLATON

2014-78 N C

48 Misc.3d 78 (2015)

15 N.Y.S.3d 882

2015 NY Slip Op 25237

GREAT AMERICAN RESTORATION SERVICES, INC., Respondent, v. BERNARD FLATON, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided July 13, 2015.

Attorney(s) appearing for the Case

Bernard Flaton, Garden City, appellant pro se.

Jeffrey Kaufman , Long Island City, for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, without costs; and it is further, ordered that, on the court's own motion, the matter is remitted to the District Court for the entry of a judgment in favor of plaintiff dismissing the counterclaim without prejudice. In this commercial claims action to recover for unpaid services, defendant interposed a counterclaim alleging that plaintiff had filed a wilfully exaggerated mechanic's lien...

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