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MILHELM ATTEA & BROS., INC. v. PHILIP MORRIS USA, INC.

2009 NY Slip Op 64626(U)

MILHELM ATTEA & BROS., INC., PLAINTIFF-APPELLANT,
v.
PHILIP MORRIS USA, INC., DEFENDANT-RESPONDENT, ET AL., DEFENDANTS.

Motion No: CA 09-00346.

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

Decided February 25, 2009.

Present: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, and CENTRA, JJ.

Now, upon reading and filing the affidavit of Joseph E. Zdarsky sworn to February 10, 2009, the affidavit of Frank Attea sworn to February 10, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Richard T. Sullivan dated February 20, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

 

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