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BRYAN L. SALAMONE v. DIGIACOMO

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47 Misc.3d 17 (2015)

BRYAN L. SALAMONE, P.C., Appellant, v. GIACOMINO DIGIACOMO, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided January 15, 2015.

Attorney(s) appearing for the Case

Smith Carroad Levy & Wan, P. Commack ( Timothy Wan of counsel), for appellant.

MARANO, J.P., TOLBERT and GARGUILO, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, and the matter is remitted to the District Court for a determination of plaintiff's motion for summary judgment on the merits.

Plaintiff commenced this action in July of 2012 to recover the sum of $3,912.35, representing attorney's fees owed pursuant to a written retainer agreement. After issue was joined, the matter was transferred to the arbitration calendar (

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