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RODRIGUEZ v. AMERICAN RESTAURANT VENTURES, INC.

No. 94 Civ. 6938.

923 F.Supp. 598 (1996)

Louis RODRIGUEZ and Nancy Rodriguez, Plaintiffs, v. AMERICAN RESTAURANT VENTURES, INC. d/b/a Posa Posa Restaurant and Pizzeria and American Continental Properties, Inc., Defendants.

United States District Court, S.D. New York.

May 1, 1996.

Attorney(s) appearing for the Case

Ferraro, Zugibe & Albrecht (Arthur J. Ferraro, of counsel), Garnerville, New York, for plaintiffs.

Drake, Sommers, Loeb, Tarshis & Catania, P.C. (Steven I. Milligram, of counsel), Newburgh, New York, for Defendant American Restaurant Ventures, Inc. d/b/a Posa Posa Restaurant and Pizzeria.

Law Office of Gerald G. Cowen (George S. Bellantoni, of counsel), Elmsford, New York, for Defendant American Continental Properties, Inc.

WILLIAM C. CONNER, Senior District Judge:

On September 22, 1994, plaintiffs Louis and Nancy Rodriguez filed this action against defendants American Restaurant Ventures, Inc. d/b/a Posa Posa Restaurant and Pizzeria ("Posa Posa") and American Continental Properties, Inc. ("ACP"). Both defendants have moved for summary judgment. For the reasons set forth below, Posa Posa's motion is granted, and ACP's motion is denied.

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