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ACKMAN v. HABERER

1059 CA 13-00551.

111 A.D.3d 1378 (2013)

975 N.Y.S.2d 283

2013 NY Slip Op 7590

KIMBERLY L. ACKMAN, Appellant-Respondent, v. MARK HABERER, Respondent-Appellant.

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

Decided November 15, 2013.

Appeal and cross appeal from an order of the Supreme Court, Erie County (John L. Michalski, A.J.), entered July 24, 2012. The order denied both the motion of defendant to dismiss the complaint and the cross motion of plaintiff for summary judgment on the complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting plaintiff's cross motion for summary judgment on the complaint in the amount of $75,000 and as modified...

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