Ordered that the order is reversed, on the law, with costs, that branch of the defendant's motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (3) is denied, and the complaint is reinstated.
The plaintiff, Fowler, Rodriguez, Kingsmill, Flint, Gray & Chalos, LLP, is the surviving entity of a merger between The Chalos Law Firm, LLC (hereinafter Chalos) and Fowler, Rodriguez, Kingsmill, Flint & Gray, LLP, which was effective September 1, 2001...
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