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MATTER OF TOLEDANO v. ELIYAHU

2011-08080.

102 A.D.3d 879 (2013)

957 N.Y.S.2d 895

2013 NY Slip Op 344

In the Matter of SHMOUEL TOLEDANO, Respondent, v. YORAM ELIYAHU et al., Appellants et al., Respondent.

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

Decided January 23, 2013.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the petitioner/plaintiff's motion which was for summary judgment dismissing the sixth counterclaim for rescission of an agreement between the petitioner/plaintiff and the respondent/defendant Yoram Eliyahu. In response to the petitioner/plaintiff's prima facie showing that the agreement at issue should...

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