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FIRST DATA MERCHANT SERVICES CORP. v. ONE SOLUTION CORP.

14 A.D.3d 534 (2005)

789 N.Y.S.2d 198

FIRST DATA MERCHANT SERVICES CORP., Plaintiff, v. ONE SOLUTION CORPORATION, Doing Business as SIMPLY ONE SOLUTION, Doing Business as JOE MOMMA COMPUTERS, Defendant and Third-Party Plaintiff-Appellant, et al., Defendant and Third-Party Plaintiff. AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., Doing Business as AMERICAN EXPRESS MERCHANT SERVICES, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

January 18, 2005.

Ordered that the judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a new hearing and determination before a different referee.

In this action, the order of reference of the Supreme Court, Nassau County, entered November 7, 2002, authorized the Referee to hear and determine the accounting issues pertaining to the counterclaim of the third-party defendant American...

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