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MARKEY v. DULFON

Index No. 05-17017, Cal. No. 07-02506-C.

2008 NY Slip Op 32195 (U)

NEIL MARKEY and KRISTINE HENDEL-MARKEY Plaintiffs, v. PETER DULFON d/b/a BIG APPLE CONTRACTING CO., Defendant.

Supreme Court of the State of New York, Suffolk County.

Motion Date March 19, 2008.

Adj. Date May 30, 2008.

Attorney(s) appearing for the Case

KUJAWSKI & DELLICARPINI, Attorneys for Plaintiffs, Deer Park, New York.

HAMMILL, O'BRIEN, CROUTIER, et al., Attorneys for Plaintiffs on Counterclaim, Syosset, New York.

JOHN HOWARD LYNCH, ESQ., Attorneys for Defendants Holbrook, New York.

PETER FOX COHALAN, Judge.

ORDERED that this motion (005) by the plaintiffs on the counterclaim, Neil Markey (hereinafter "Markey") and Kristine Hendel-Markey, pursuant to CPLR 3212 for summary judgment dismissing the defendant's counterclaim is decided as follows:

This is an action for breach of contract and fraud arising out of a contract entered into between the parties on August 9, 2004 for an addition to and alteration of the plaintiffs...

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