DELMAESTRO v. MARLIN

2016-02491. Index No. 600675/14.

168 A.D.3d 813 (2019)

92 N.Y.S.3d 312

2019 NY Slip Op 00260

John R. Delmaestro, Jr., Appellant, v. Diane W. MARLIN et al., Respondents.

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

Decided January 16, 2019.


Ordered that the order and judgment is modified, on the law and in the exercise of discretion, by deleting the provision thereof awarding the defendants the total sum of $51,291.77; as so modified, the order and judgment is affirmed insofar as appealed from, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Nassau County, for a new determination of the costs and expenses to be awarded to the defendants

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