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BRIDGE STREET ENTERPRISES v. PASTINO'S ITALIAN GRILL, INC.

43 A.D.3d 1306 (2007)

842 N.Y.S.2d 810

BRIDGE STREET ENTERPRISES, Appellant, v. PASTINO'S ITALIAN GRILL, INC., et al., Respondents, et al., Defendants.

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

Decided September 28, 2007.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion insofar as it seeks judgment on liability against defendants Pastino's Italian Grill, Inc., Russell Digristina, Charles Digristina, 55 Cheyenne Realty Corp. and Carmel Ezzo and dismissal of the counterclaims and dismissing the counterclaims and as modified the order is affirmed without costs.

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