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JACK NOTRICA v. NORTH HILLS HOLDING COMPANY, LLC

56 A.D.3d 441 (2008)

867 N.Y.S.2d 485

JACK NOTRICA et al., Appellants, v. NORTH HILLS HOLDING COMPANY, LLC, Doing Business as CHATHAM AT NORTH HILLS, Respondent.

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

Decided November 5, 2008.

Ordered that the order and judgment is reversed, on the law, with costs, the defendant's motion, in effect, pursuant to CPLR 4401 is denied, so much of the plaintiffs' fifth cause of action as sought to recover interest paid to the defendant in the sum of $32,591.35 is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for a hearing and new determination, before a different Justice, of the defendant's motion...

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