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LECHASE DATA/TELECOM SERVICES, LLC v. GOEBERT

12 A.D.3d 1093 (2004)

785 N.Y.S.2d 222

LeCHASE DATA/TELECOM SERVICES, LLC, on its Own Behalf and on Behalf of All Others Similarly Situated, Respondent-Appellant, v. DANIEL GOEBERT et al., Defendants, and BUSINESS FUNDING GROUP, INC., Appellant-Respondent. (Action No. 1.) LeCHASE DATA/TELECOM SERVICES, LLC, on its Own Behalf and on Behalf of All Others Similarly Situated, Respondent-Appellant, v. MARK BURGHOLZER, Doing Business as BUSINESS FUNDING GROUP, Appellant-Respondent. (Action No. 2.)

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

November 19, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the cross motion and dismissing the second amended complaint in action No. 1 against defendant Business Funding Group, Inc. and the complaint in action No. 2 and as modified the order is affirmed without costs.

Memorandum:

Business Funding Group, Inc. (Business Funding) and Mark Burgholzer, doing business as Business Funding Group (collectively...

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