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TEN BEST BAR REST GROUP, INC. v. ROCHE

278 A.D.2d 27 (2000)

717 N.Y.S.2d 522

TEN BEST BAR REST GROUP, INC., Respondent, v. TIMOTHY ROCHE et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 7, 2000.

The court properly granted plaintiff's motion for summary judgment to the extent of directing defendants to return the $95,000 that plaintiff paid them in contemplation of the transfer of their business to plaintiff, which transfer never took place. Defendants' counterclaim was properly dismissed in view of the prior action pending in Suffolk County for the same relief, and the showing that plaintiff makes of a reasonable excuse...

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