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RUBIANO v. KELLY

2014-10172, Index No. 7189/13.

136 A.D.3d 780 (2016)

26 N.Y.S.3d 106

2016 NY Slip Op 00956

FRANK RUBIANO, Appellant, v. JOSEPH KELLY et al., Respondents.

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

Decided February 10, 2016.

In an action to recover the down payment on a contract for the sale of real property, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (McCormack, J.), dated June 25, 2014, as denied that branch of the defendants' motion which was for an award of an attorney's fee to the defendant Victoria Kaplan, with leave to "re-file," and denied those branches of his motion which were...

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