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PARLANTE v. CAVALLERO

2008-09186, 2009-03672.

73 A.D.3d 1001 (2010)

900 N.Y.S.2d 749

NICHOLAS PARLANTE et al., Appellants, v. ARTHUR CAVALLERO, Also Known as A.J. CAVALLERO, Doing Business as ARTIES REPAIR SHOP, Respondent.

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

Decided May 18, 2010.

Ordered that the order and judgment entered August 27, 2008, is modified, on the law and in the exercise of discretion, by deleting the provisions thereof awarding the defendant the principal sum of $14,105 on the counterclaim to recover storage costs and determining that the plaintiff's claims are frivolous; as so modified, the order and judgment is affirmed, and the amended judgment entered December 12, 2008, is vacated; and it is further,

Ordered that the appeal...

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