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TUMINNO v. WAITE

915 CA 13-00228

110 A.D.3d 1456 (2013)

972 N.Y.S.2d 775

2013 NY Slip Op 6462

CATHY TUMINNO, Respondent, v. MARJORIE WAITE, Appellant-Respondent, and JAMES FLAGELLA, Respondent-Appellant, et al., Defendants.

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

Decided October 4, 2013.

Appeal and cross appeal from an order of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered April 25, 2012. The order directed a sale of real property under certain circumstances.

It is hereby ordered that the order so appealed from is unanimously vacated on the law without costs and the matter is remitted to Supreme Court, Chautauqua County, for further proceedings in accordance with the following memorandum: In this action seeking, inter alia, the...

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