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RED BARN COUNTRY, LLC v. TROMBLEY

854 CA 13-01343

120 A.D.3d 1537 (2014)

993 N.Y.S.2d 206

2014 NY Slip Op 06397

RED BARN COUNTRY, LLC, Plaintiff, and GARY HAFNER, Appellant, v. LINDA TROMBLEY, Respondent.

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

Decided September 26, 2014.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is denied in its entirety and the amended complaint is reinstated.

Memorandum: Plaintiffs commenced this action seeking to recover money paid by Gary Hafner (plaintiff) to discharge a mortgage on property owned by defendant, his sister. Plaintiff and his father (hereafter, decedent) each owned various parcels

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