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FANTASTIC ENTERS. v. S.M.R.

143 Misc.2d 124 (1988)

Fantastic Enterprises, Inc., et al., Plaintiffs, v. S.M.R. Enterprises, Inc., et al., Defendants.

Supreme Court, Onondaga County.

December 1, 1988

Attorney(s) appearing for the Case

Hurwitz & Fine (Dan D. Kohane of counsel), for defendants. Scolaro, Shulman, Cohen, Lawler & Burstein, P. C. (Walter D. Kogut of counsel), for plaintiffs.

BERNARD L. REAGAN, J.

The court has before it a motion by defendants to dismiss plaintiffs' complaint pursuant to CPLR 3211 (a) (5).

Plaintiff Irvin M. Franklin is the president of plaintiff Fantastic Enterprises, Inc. Plaintiffs entered into three agreements with defendant S.M.R. Enterprises, Inc. (hereinafter SMR) on May 23, 1984. The agreements provided that plaintiffs would be franchisees for three...

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