PDL BIOPHARMA, INC. v. WOHLSTADTER

2940, 653028/15.

147 A.D.3d 494 (2017)

47 N.Y.S.3d 25

2017 NY Slip Op 01151

PDL BIOPHARMA, INC., Respondent, v. SAMUEL J. WOHLSTADTER et al., Appellants.

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

Decided February 14, 2017.


Order, Supreme Court, New York County (Eileen Bransten, J.), entered July 29, 2016, which granted plaintiff's motion for summary judgment in lieu of complaint on liability pursuant to CPLR 3213 and denied, defendants' cross motion for summary judgment, unanimously modified, on the law, plaintiff's CPLR 3213 motion denied, and the matter remanded to be converted to a plenary action, and otherwise affirmed, without costs.

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