PEREZ v. FIORE

2009-04107, 2009-05725.

78 A.D.3d 1143 (2010)

912 N.Y.S.2d 118

ROBERT PEREZ, Respondent, v. ROCCO FIORE, JR., Appellant, et al., Additional Counterclaim Defendants.

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

Decided November 30, 2010.


Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is modified, on the law and the facts, by deleting the provisions thereof directing the distribution to the plaintiff, from the proceeds of the sale of the subject property, of the sums of $7,692.58 and $4,766.96, representing payments for household repairs and improvements and payments made in connection with the forbearance agreement...

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