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GIHON, LLC v. 501 SECOND STREET, LLC

2011-07803.

102 A.D.3d 743 (2013)

957 N.Y.S.2d 883

2013 NY Slip Op 180

GIHON, LLC, Appellant, v. 501 SECOND STREET, LLC, Respondent.

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

Decided January 16, 2013.

Ordered that the order is affirmed, with costs.

The plaintiff's motion to direct the payment out of court of the balance of the deposit with the New York City Department of Finance was properly denied, on the ground that the application failed to comply with the requirements of CPLR 2606 (2), which requires such a motion to "be accompanied by a copy of the judgment, order or other paper under which the property was paid into court, together with a certificate of the...

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