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ATTIAS v. COSTIERA

2013-03537

120 A.D.3d 1281 (2014)

993 N.Y.S.2d 59

2014 NY Slip Op 06163

SHLOMO ATTIAS, Appellant, v. RICHARD COSTIERA et al., Respondents.

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

Decided September 17, 2014.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants' motion which was pursuant to CPLR 3211 (a) (1) to dismiss the complaint and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff commenced this action to recover a $25,000 down...

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