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OTTO ROTH & COMPANY, INC. v. GOURMET PASTA, INC.

277 A.D.2d 293 (2000)

715 N.Y.S.2d 78

OTTO ROTH & COMPANY, INC., Respondent, v. GOURMET PASTA, INC., et al., Appellants. (Action No. 1.) GOURMET PASTA, INC., Respondent-Appellant, v. OTTO ROTH & COMPANY, INC., Appellant-Respondent. (Action No. 2.)

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

Decided November 13, 2000.

Ordered that the order dated August 25, 1999, entered in Action No. 2, is reversed insofar as appealed from, on the law, the judgment dated August 12, 1999, is vacated, the motion pursuant to CPLR 4404 by Otto Roth & Company, Inc., to set aside the verdict in Action No. 2 is granted, and the complaint is dismissed; and it is further,

Ordered that the cross appeal from the judgment dated August 12, 1999, is dismissed as academic in light of our determination of...

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