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BEVERAGE MARKETING USA, INC. v. SOUTH BEACH BEVERAGE CO., INC.

20 A.D.3d 439 (2005)

799 N.Y.S.2d 242

BEVERAGE MARKETING USA, INC., Plaintiff, and HORNELL BREWING CO., INC., Appellant, v. SOUTH BEACH BEVERAGE COMPANY, INC., et al., Respondents.

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

July 11, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiffs' motion which was for leave to amend the complaint to assert a new cause of action to recover damages for unfair competition is granted.

After the Supreme Court, inter alia, granted that branch of the defendants' motion which was pursuant to CPLR 3211 (a) (5) to dismiss the cause of action to recover damages for unfair competition, the plaintiffs...

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