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RABBIA v. ROCHA

No. 2010-296.

34 A.3d 1220 (2011)

162 N.H. 734

Salvatore RABBIA v. Max E. ROCHA and another.

Supreme Court of New Hampshire.

Opinion Issued: November 29, 2011.

Attorney(s) appearing for the Case

Rinden Professional Association, of Concord ( Paul Rinden on the brief), and Phillips Law Office, PLLC, of Concord ( Roger B. Phillips on the brief and orally), for the plaintiff.

Law Offices of Edward W. Richards & Associates, P.C., of Nashua ( Edward W. Richards on the memorandum of law and orally), for the defendants.

Winer and Bennett, LLP, of Nashua ( David K. Pinsonneault on the brief and orally), for the intervenor.

LYNN, J.

The plaintiff, Salvatore Rabbia, appeals an order of the Superior Court (Sullivan, J.) directing that $37,000 plus interest currently being held in escrow be dispersed to the intervenor, Automotive Finance Corporation, instead of to the plaintiff, and denying the plaintiff's motion for attorney's fees. We affirm in part, reverse in part and remand.

I. Background

Before going out of business in 2008, the corporate defendant...

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