County of Nassau v. Schafani

—In an action for restitution, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Burke, J.), entered February 19, 1999, as granted that branch of the motion of the defendants Thomas Gillen and Gillen Living Trust d/b/a Jumbo Investment which was for summary judgment dismissing the complaint insofar as asserted against them, and the defendants Thomas Gillen and Gillen Living Trust d/b/a Jumbo Investment cross appeal from so much of the same order as denied that branch of their motion which was to impose a sanction against the plaintiff.

Ordered that the order…