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FEINBERG v. FEDERATED DEPARTMENT STORES, INC.

15 Misc.3d 299 (2007)

832 N.Y.S.2d 760

HERBERT FEINBERG, as Assignee of IA ALLIANCE, INC., Formerly Known as I. APPEL CORP., Plaintiff, v. FEDERATED DEPARTMENT STORES, INC., Defendant.

Supreme Court, New York County.

January 3, 2007.

Attorney(s) appearing for the Case

McCarter & English LLP for defendant.

Storch Amini & Munves, P.C., for plaintiff.

OPINION OF THE COURT

MARTIN SHULMAN, J.

Defendant Federated Department Stores, Inc. moves for summary judgment to dismiss the complaint alleging two causes of action for breach of contract and deceptive trade practices. Plaintiff Herbert Feinberg, as assignee of the claims of IA Alliance, Inc., formerly known as I. Appel Corp., opposes the motion. Federated also cross-moves to strike the affidavit of Donald Freeman annexed as exhibit I to plaintiff's counsel...

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