TORVEC, INC. v. CXO ON THE GO OF DELAWARE, LLC


38 A.D.3d 1175 (2007)

831 N.Y.S.2d 800

TORVEC, INC., et al., Appellants, v. CXO ON THE GO OF DELAWARE, LLC, et al., Respondents. (Appeal No. 1.)

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

Decided March 16, 2007.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, defendants' cross motion is denied, the claims alleged in paragraph Nos. 36 (b) and (c) and 38 (b) and (c) are reinstated and plaintiffs' cross motion is granted upon condition that plaintiffs shall serve the proposed amended reply to the counterclaims within 20 days of service of a copy of the order of this Court with notice of entry.

Memorandum...

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