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DESIGN SUPPLY MARBLE v. MILLS

570067/10.

31 Misc.3d 50 (2011)

DESIGN SUPPLY MARBLE AND GRANITE, INC., Doing Business as STONE SOURCE, Appellant, v. PHILLIP R. MILLS, Respondent.

Supreme Court, Appellate Term, First Department.

Decided February 15, 2011.

Attorney(s) appearing for the Case

Law Offices of Jay B. Zimner, New York City ( Jay B. Zimner of counsel), for appellant.

Phillip R. Mills , New York City, for respondent.

SCHOENFELD, J.P., SHULMAN and HUNTER, JR., JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order (Jeffrey K. Oing, J.), dated February 9, 2009, insofar as appealed from, reversed, with $10 costs, defendant's motion denied, complaint reinstated and the matter remanded for further proceedings.

Defendant, a New York City resident, purchased a house in Dutchess County that he intended to use as a vacation abode. Defendant decided to renovate the house, and entered...

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