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MENDEZ v. ABEL

2010-3081 SC.

35 Misc.3d 61 (2012)

945 N.Y.S.2d 840

2012 NY Slip Op 22086

NATALIO MENDEZ, SR., Appellant, v. KENNETH ABEL, JR., Doing Business as ABEL HOMES, Respondent.

Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts.

Decided April 2, 2012.

Attorney(s) appearing for the Case

Fredrick P. Stern & Associates, P.C., Islip ( Fredrick P. Stern of counsel), for appellant.

John J. Dobise, Jr. , Eastport, for respondent.

MOLIA, J.P., NICOLAI and LACAVA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is reversed, without costs, and judgment is directed to be entered in favor of plaintiff in the principal sum of $10,000.

Plaintiff brought this action to recover a $10,000 down payment he had paid defendant toward the purchase of a house. On April 4, 2004, plaintiff had obtained a loan approval letter from IndyMac Bank, which was valid until...

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