TRANSIT MANAGEMENT, LLC. v. WATSON INDUSTRIES, INC.


23 A.D.3d 1152 (2005)

803 N.Y.S.2d 860

TRANSIT MANAGEMENT, LLC, Plaintiff, v. WATSON INDUSTRIES, INC., et al., Appellants, and FOOTHILL CAPITAL CORPORATION, Respondent, et al., Defendants. (Appeal No. 1.)

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

November 10, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

In appeal No. 1, defendants Watson Industries, Inc. (Watson Industries) and Benjamin Okwumabua contend that Supreme Court erred in granting the motion of defendant Foothill Capital Corporation (Foothill) for summary judgment dismissing that part of their fifth counterclaim against it, alleging...

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