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BROWN BARK I, L.P. v. METROFLOR TRANSPORTATION SERVICES, INC.

18 Misc.3d 513 (2007)

847 N.Y.S.2d 825

BROWN BARK I, L.P., as Successor in Interest to BANK OF AMERICA, N.A., as Successor in Interest to FLEET BANK, Plaintiff, v. METROFLOR TRANSPORTATION SERVICES, INC., et al., Defendants.

Supreme Court, Nassau County.

November 30, 2007.

Attorney(s) appearing for the Case

Foster & Wolkind, P.C., New York City, for plaintiff.

Candice A. Pluchino, Perrineville, New Jersey, for defendants.

OPINION OF THE COURT

IRA B. WARSHAWSKY, J.

This motion by plaintiff, Brown Bark I, L.P., as successor in interest to Bank of America, N.A., as successor in interest to Fleet Bank, for summary judgment pursuant to CPLR 3212, and for an order pursuant to CPLR 3211 striking the affirmative defenses of the defendants, Metroflor Transportation Services, Inc. and Alan Futterman, is granted.

Plaintiff's first...

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