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DEEP BLUE VENTURES v. MANFRA

6 Misc.3d 727 (2004)

791 N.Y.S.2d 298

DEEP BLUE VENTURES, INC., Plaintiff v MANFRA, TORDELLA & BROOKES, INC., Defendant

Supreme Court, New York County.

November 30, 2004.

Attorney(s) appearing for the Case

Roy A. Klein, Melville, for plaintiff.

Brown Raysman Millstein Felder & Steiner LLP, New York City (Scott H. Wyner of counsel), for defendant.

OPINION OF THE COURT

BERNARD J. FRIED, J.

The plaintiff Deep Blue Ventures, Inc. moves for an order, pursuant to CPLR 3211 (b), dismissing the second affirmative defense, and the third affirmative defense and counterclaim contained in the answer, and, pursuant to CPLR 3212, granting summary judgment to Deep Blue on liability.

Pursuant to a written asset purchase agreement, Deep Blue sold its precious...

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