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FALANGA v. HILLABRANT

2020-02983. Index No. 102387/11.

208 A.D.3d 1308 (2022)

176 N.Y.S.3d 88

2022 NY Slip Op 05312

Marie Falanga, Appellant, v. Benjamin Hillabrant, Respondent.

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

Decided September 28, 2022.

Attorney(s) appearing for the Case

Hegge & Confusione, LLC, New York, NY (Michael Confusione of counsel), for appellant.

Connolly, J.P., Roman, Christopher and Ford, JJ., concur.

Ordered that on the Court's own motion, the notice of appeal from the order is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

Ordered that the order is modified, on the law, (1) by deleting the provision thereof directing that the defendant be awarded a credit of $126,000, representing one half of the mortgage payments he made for a period of 96 months, (2) by deleting the provision thereof...

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