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BRIDGEPORT SERVS v. RUBY TUES

6 Misc.3d 50 (2004)

790 N.Y.S.2d 809

BRIDGEPORT CAPITAL SERVICES, INC., et al., Respondents, v. RUBY TUESDAY, INC., Doing Business as TIA'S TEX-MEX CANTINA, Appellant.

Supreme Court, Appellate Term, Second Department.

December 8, 2004.

Attorney(s) appearing for the Case

Entwistle & Cappucci LLP, New York City (William S. Gyves and Gerard N. Saggese III of counsel), for appellant.

PESCE, P.J., ARONIN and PATTERSON, JJ., concur.

OPINION OF THE COURT

Memorandum.

Order insofar as appealed from unanimously reversed without costs, the branches of defendant's motion seeking dismissal of the complaint, restitution pursuant to CPLR 5015 (d) and imposition of sanctions granted, sanctions are imposed against plaintiff's counsel, Brian K. Condon, Esq., in the sum of $1,500 and against plaintiffs in the total sum of $1,000, and the branch of defendant's motion seeking an award of costs granted...

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