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METRO KITCHENWORKS SALES, LLC v. CONTINENTAL CABINETS, LLC

31 A.D.3d 722 (2006)

820 N.Y.S.2d 79

METRO KITCHENWORKS SALES, LLC, Appellant-Respondent, v. CONTINENTAL CABINETS, LLC, Respondent-Appellant.

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

July 25, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant's pre-answer motion which was, in effect, to dismiss the amended complaint pursuant to CPLR 3211 (a) (1) and (3) is denied, and the amended complaint is reinstated; and it is further,

Ordered that the order is affirmed insofar as cross-appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

In June 2000 the defendant...

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