Kondaur Capital Corporation v Stuart
Motion No: 2010-11282
Slip Opinion No: 2010 NY Slip Op 91972(U)
Decided on December 27, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M113217

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-11282

Kondaur Capital Corporation, respondent,

v Kenneth Stuart, appellant, et al., defendants.

(Index No. 2979/08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered July 1, 2010, to direct the respondent to return certain money paid to it by the appellant and to vacate a judgment of foreclosure of the same court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DILLON, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court