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S. END DISTRIB v. HORNELL CO.

179 Misc.2d 576 (1999)

685 N.Y.S.2d 594

South End Distributing Corporation, Plaintiff, v. Hornell Brewing Company, Inc., Doing Business as Ferolito, Vultagio & Sons, Defendant.

Supreme Court, Kings County.

January 21, 1999

Attorney(s) appearing for the Case

Allen Kramer, New York City, and Nathaniel E. Leserwotiz, Brooklyn, for plaintiff. McDermott, Will & Emery, New York City (James R. Anderson of counsel), for defendant.

GLORIA M. DABIRI, J.

By notice of motion, dated July 2, 1998, plaintiff South End Distributing Corporation (South End) seeks an order, pursuant to CPLR 3212, granting it summary judgment as to liability and scheduling the matter for trial as to damages. Plaintiff contends that defendant's answer fails to raise a defense to liability under Alcoholic Beverage Control Law § 55-c. Defendant Hornell Brewing...

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