XELO v. HAMILTON

2018-04510, 2018-08343. Index No. 10146/08.

198 A.D.3d 710 (2021)

154 N.Y.S.3d 663

2021 NY Slip Op 05364

Fermin Xelo et al., Respondents, v. Ena M. Hamilton et al., Appellants.

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

Decided October 6, 2021.


Attorney(s) appearing for the Case

Michael Singer, New York, NY, appellant pro se and for appellant Ena M. Hamilton.

Dillon, J.P., Iannacci, Christopher and Wooten, JJ., concur.


Ordered that the judgment is reversed insofar as appealed from, on the law and the facts, the clerk's judgment is vacated, and the matter is remitted to the Supreme Court, Queens County, for the entry of an amended judgment in favor of the defendants and against the plaintiffs dismissing the complaint and declaring that the defendant Ena M. Hamilton is entitled to retain the plaintiffs' down payment; and it is further,

Ordered that the appeal from the clerk's judgment...

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