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MORRI N.Y. FOODS CORP. v. DEFILIPPO

34 A.D.3d 223 (2006)

824 N.Y.S.2d 19

MORRI N.Y. FOODS CORP., Respondent, v. LEONARD DEFILIPPO, Individually and Doing Business as AMITY WHOLESALE, Appellant.

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

Decided November 2, 2006.

The denial of defendant's cross motion, without prejudice to renewal, is appealable (see Moleon v Kreisler Borg Florman Gen. Constr. Co., 304 A.D.2d 337, 339 [2003]). Defendant sought dismissal on the grounds that documentary evidence demonstrated all transactions in issue involved only the corporate entity of which he was the sole shareholder and director, and that he had no personal involvement in the disputed transactions. There...

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