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RUDGAYZER v. ENINE, INC.

4 Misc.3d 4 (2004)

779 N.Y.S.2d 882

RUDGAYZER & GRATT, Appellant, v. ENINE, INC., et al., Respondents. HAROLD BONIME, Appellant, v. PERRY JOHNSON, INC., Respondent.

Supreme Court, Appellate Term, Second Department.

April 14, 2004.

Attorney(s) appearing for the Case

Todd C. Bank, Kew Gardens, for Rudgayzer & Gratt, appellant.

Cozen O'Connor, New York City (Theresa Murphy and Julie Negovan of counsel), for Enine, Inc., and another, respondents.

Roslynn R. Mauskopf, United States Attorney, Washington, D.C. (Robert D. McCallum, Jr., Mark B. Stern and Sharon Swingle of counsel), for United States of America, amicus curiae.

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

OPINION OF THE COURT

Memorandum.

On the court's own motion, the appeals are consolidated for purposes of disposition.

Order entered October 1, 2002 unanimously reversed without costs, plaintiff's motion for summary judgment granted on the issue of liability only and matter remanded to the court below for an assessment of damages (action No. 1).

Order entered November 8, 2002 unanimously reversed without costs, defendant's motion for summary...

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