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HOME SURPLUS OF BROOKLYN, INC. v. HOME SURPLUS, INC.

3 A.D.3d 472 (2004)

769 N.Y.S.2d 904

HOME SURPLUS OF BROOKLYN, INC., Respondent, v. HOME SURPLUS, INC., et al., Defendants. BORIS SCHVARTSMAN et al., Nonparty Appellants.

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

January 12, 2004.

Ordered that the amended order is modified, on the law, by adding thereto a provision reciting that the conduct of Boris Schvartsman, Igor Koval, Thomas Agrachov, and Oleg Agrachov was calculated to, or actually did, defeat, impair, impede, or prejudice the rights or remedies of the plaintiff; as so modified, the amended order is affirmed, with one bill of costs to the plaintiff.

The plaintiff clearly demonstrated that the...

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