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BAGELS OF WESLEY HILLS, INC. v. BERGSTOL

18 A.D.3d 411 (2005)

794 N.Y.S.2d 443

BUBBA'S BAGELS OF WESLEY HILLS, INC., et al., Appellants, v. ERIC BERGSTOL et al., Respondents, et al., Defendant.

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

May 2, 2005.

Ordered that the appeal by the plaintiff S&D Restaurant, Inc., is dismissed as abandoned (see 22 NYCRR 670.8 [e]); and it is further,

Ordered that the judgment is reversed insofar as appealed from by Bubba's Bagels of Wesley Hills, Inc., on the law, with one bill of costs to the plaintiff Bubba's Bagels of Wesley Hills, Inc., payable by the respondents appearing separately and filing separate briefs, the decision is vacated, the defendants and their agents...

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