POLLY ESTHER'S S. v. SETNOR


10 Misc.3d 375 (2005)

807 N.Y.S.2d 799

POLLY ESTHER'S SOUTH, INC., et al., Plaintiffs, v. SETNOR BYER BOGDANOFF, INC., et al., Defendants. SETNOR BYER BOGDANOFF, INC., Third-Party Plaintiff, v. KAYE INSURANCE ASSOCIATES, INC., Third-Party Defendant and Fourth-Party Plaintiff. DO THE HUSTLE INC. et al., Fourth-Party Defendants.

Supreme Court, New York County.

September 9, 2005.


Attorney(s) appearing for the Case

Mintzer Sarowitz Zeris Ledva & Meyers (Maya S. Gotlib of counsel), for Setnor Byer Bogdanoff, Inc., defendant and third-party plaintiff.

Fiedelman Garfinkel & Lesman (Barry R. Temkin of counsel), for third-party defendant and fourth-party plaintiff.

Heller Horowitz & Feit, P.C. (Stuart Blander of counsel), for plaintiffs and fourth-party defendants.


OPINION OF THE COURT

CHARLES EDWARD RAMOS, J.

In this action to recover damages from an insolvent insurance carrier for unpaid claims, defendants Setnor Byer Bogdanoff, Inc. and Kaye Insurance Associates move pursuant to CPLR 3212 for summary judgment dismissing the action in its entirety. Setnor moves alternatively for dismissal of claims and cross claims against it for damages arising prior to March 28, 2000, and for dismissal of plaintiffs' third cause...

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