LOTITO'S v. FREEDOM FOODS


113 Misc.2d 115 (1980)

Lotito's Brooklyn Dairy Products, Inc., Plaintiff, v. Freedom Foods, Defendant.

City Court of Mount Vernon.

March 20, 1980


Attorney(s) appearing for the Case

Di Bella & Fishkin for plaintiff. Alberi & Alberi for defendant.


SAM EISENBERG, J.

This action was commenced against a defendant named as "Freedom Foods". Following the service of the summons with an indorsed complaint, the plaintiff served an amended summons and indorsed complaint designating the defendant as "Freedom Foods of New York, Inc."

The plaintiff now moves for summary judgment against the defendant "Freedom Foods of New York, Inc.", and the defendant moves to deny and dismiss the motion on the grounds...

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