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DDR REAL ESTATE v. BURNHAM

1 Misc.3d 802 (2003)

769 N.Y.S.2d 832

DDR REAL ESTATE SERVICES, INC., Plaintiff, v. BURNHAM PACIFIC PROPERTIES, INC., et al., Defendants.

Supreme Court, Monroe County.

August 28, 2003.

Attorney(s) appearing for the Case

Woods, Oviatt, Gilman, LLP, Rochester (William G. Bauer of counsel), for defendants.

Harris Beach LLP, Pittsford (Paul J. Yesawich, III, of counsel), for plaintiff.

OPINION OF THE COURT

THOMAS A. STANDER, J.

The defendants, Burnham Pacific Properties, Inc., BPP Liquidating Trust, Scott C. Verges, and Douglas P. Wilson, trustees of the BPP Liquidating Trust (collectively Burnham), submit a motion seeking an order dismissing the action for lack of subject matter jurisdiction, and for lack of personal jurisdiction over the parties, or in the alternative, to dismiss or stay...

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