KIMSO APARTMENTS, LLC v. GANDHI


65 A.D.3d 1196 (2009)

885 N.Y.S.2d 422

KIMSO APARTMENTS, LLC, et al., Appellants, et al., Plaintiff, v. MAHESH GANDHI, Respondent, and ARLINGTON FILLER et al., Appellants, et al., Defendants.

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

September 22, 2009.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the defendant Mahesh Gandhi payable by the appellants appearing separately and filing separate briefs.

The appellants failed to establish their prima facie entitlement to judgment as a matter of law that the defendant Mahesh Gandhi's counterclaims are barred by a document entitled "Release of Shares in Escrow" and another document entitled "Affidavit and Release" (hereinafter together...

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