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HOUSEHOLD FIN. REALTY CORP. OF N.Y. v. ROBINSON

1505 CA 09-01221

68 A.D.3d 1724 (2009)

2009 NY Slip Op 9812

890 N.Y.S.2d 846

HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK, Appellant-Respondent, v. DAVID W. ROBINSON, Individually and as Administrator of the Estate of SANDRA F. ROBINSON, Deceased, Respondent-Appellant.

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

Decided December 30, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: We affirm the judgment insofar as it granted plaintiff's motion to dismiss the counterclaims for reasons stated in the decision at Supreme Court dated July 14, 2008. We also affirm the judgment insofar as it granted defendant's motion to dismiss the complaint as a sanction pursuant to CPLR 3126. Defendant met his initial...

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