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SCHIAVONE v. SOLARIS PROPS.

570582/10.

31 Misc.3d 67 (2011)

KATHERINE E. SCHIAVONE et al., Plaintiffs, v. SOLARIS PROPERTIES, LLC, Respondent, et al., Defendants. SOLARIS PROPERTIES, LLC, Third-Party Plaintiff-Respondent, v. RICHARD TONG, Third-Party Defendant. LAW OFFICES OF MERCEDES S. CANO, Nonparty Appellant.

Supreme Court, Appellate Term, First Department.

Decided March 2, 2011.

Attorney(s) appearing for the Case

Schrader & Schoenberg, LLP, New York City ( David A. Schrader of counsel), for respondent.

Laury A. Betha , Jackson Heights, for appellant.

SCHOENFELD, J.P., SHULMAN and TORRES, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order, entered June 16, 2010, reversed, without costs, the motion denied, and the sanction award vacated.

This is an action, primarily, to recover a security deposit of $6,800 from defendant Solaris Properties, LLC. After serving upon Solaris a motion purporting to place the underlying action on the trial calendar, plaintiffs' counsel learned that the proper procedure...

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