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J.A.O. CORP. v. STAVITSKY

192 Misc.2d 7 (2001)

745 N.Y.S.2d 634

J.A.O. ACQUISITION CORP. et al., Plaintiffs, v. JEFFREY D. STAVITSKY et al., Defendants.

Supreme Court, New York County.

November 14, 2001.

Attorney(s) appearing for the Case

Golenbock Eiseman Assor & Bell, New York City, for Jeffrey D. Stavitsky and another, defendants.

Cowan Liebowitz & Latman, New York City (Michael R. Maschio of counsel), for Jeffrey Brogowski and others, defendants.

Speyer & Perlberg, Melville (Gina M. Fortunato of counsel), for plaintiffs.

Leboeuf, Lamb, Greene & MacRae, LLP, Newark, New Jersey (Louis Smith of counsel), for First Union National Bank, defendant.

OPINION OF THE COURT

KARLA MOSKOWITZ, J.

Motion sequence numbers 004 and 005 are consolidated for disposition.

Defendants Jeffrey D. Stavitsky (Stavitsky), W. Paul Brogowski (Brogowski), Jeffrey Brogowski, Douglas Brogowski, Matthew Brogowski and Crescent Food Sales, Inc. (Crescent) move for summary judgment dismissing the complaint as against them.1 Brogowski also moves for summary judgment on his first and second counterclaims...

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