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DIVITO v. ZASTAWRNY LLC

779 CA 14-01668

129 A.D.3d 1668 (2015)

11 N.Y.S.3d 784

2015 NY Slip Op 05360

STEPHEN DIVITO, Appellant, v. ZASTAWRNY LLC, Respondent.

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

Decided June 19, 2015.

Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered June 16, 2014. The order denied plaintiff's motion for summary judgment in lieu of complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: By motion for summary judgment in lieu of complaint (see CPLR 3213), plaintiff moved for judgment in the amount of ...

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