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EBERHARDT III v. FRASCA

286 A.D.2d 748 (2001)

730 N.Y.S.2d 725

JOHN R. EBERHARDT III, Appellant, v. LAWRENCE FRASCA, Respondent.

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

Decided September 24, 2001.

Ordered that the judgment is modified, on the law, by deleting from the decretal paragraph thereof the principal sum of $22,500 and substituting therefor the principal sum of $7,500; as so modified, the judgment is affirmed, with costs, and the order dated May 23, 2000, is modified accordingly.

The Supreme Court properly awarded the defendant costs in the sum of $7,500 based upon the plaintiff's failure to cooperate with...

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