• 8949
  • Jan 08 2013 (Date Decided)
  • Tom, J.P., Andrias, Freedman, Román, Gische, JJ.
8949. NEMON CORP., plf-ap, v. 45-51 AVENUE B, LLC, def-res — Goldberg Weprin Finkel Goldstein LLP, New York (Kevin J. Nash of counsel), for ap — Kagen Law Firm, New York (Stuart Kagen of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered June 12, 2012, which, insofar as appealed from, granted defendant's motion for summary judgment dismissing the complaint, directed that the notice of pendency filed by plaintiff in this action be cancelled, and directed that a $150,000 escrowed contract deposit be released to defendant, unanimously affirmed, with costs.

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