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LENARD v. AMES

Index No. 657506/17. Appeal No. 15355. Case No. 2021-03367.

202 A.D.3d 596 (2022)

159 N.Y.S.3d 831

2022 NY Slip Op 01123

Dena Lenard, Appellant, v. Sandy Ames et al., Respondents.

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

Decided February 22, 2022.

Attorney(s) appearing for the Case

Anderson & Ochs, LLP, New York ( Jennifer L. Karnes of counsel), for appellant.

Green & Cohen, P.C., New York ( Michael R. Cohen of counsel), for respondent.

Concur—Renwick, J.P., Kennedy, Scarpulla, Rodriguez, Higgitt, JJ.

Plaintiff did not meet her initial burden of establishing a breach of the 2014 Agreement. The 2014 Agreement provided that plaintiff would pay defendant Sandy Ames $125,000 over a period of five years, beginning on March 1, 2014 and ending on February 28, 2019, which would constitute repayment for the amount defendant had contributed to the purchase of the parties' shared apartment. The 2014 Agreement further provided that upon...

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