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ANTHONY GAGLIANO & CO. v. OPENFIRST, LLC

No. 2012AP122.

828 N.W.2d 268 (2013)

346 Wis.2d 47

2013 WI App 19

ANTHONY GAGLIANO & CO., INC., Plaintiff-Appellant, v. OPENFIRST, LLC, Robert Kraft, Quad Graphics, Inc. and New Electronic Printing Systems, LLC, Defendants-Respondents, RWK Enterprises, Inc., d/b/a Alphagraphics, Inc., OFH Distribution, LLC, f/k/a Openfirst Holdings and New Diversified Mailing Services, LLC, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed January 8, 2013.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Thomas Armstrong and Beth J. Kushner of von Briesen & Roper, S.C., Milwaukee.

On behalf of the defendant-respondent, Robert Kraft, the cause was submitted on the brief of James W. Greer and Lisa M. Lawless of Whyte Hirschboeck Dudek S.C., Milwaukee.

On behalf of the defendants-respondents, Quad/Graphics, Inc., Openfirst, LLC, and New Electronic Printing Systems, LLC, the cause was submitted on the briefs of Michael B. Apfeld and Michael D. Huitink of Godfrey & Kahn, S.C., Milwaukee.

Before FINE, BRENNAN and GUNDRUM, JJ.

FINE, J.

¶ 1 Anthony Gagliano & Co., Inc., appeals the circuit-court's order dismissing its claims against New Electronic Printing Systems, LLC, Openfirst, LLC, Robert Kraft, and Quad/Graphics, Inc., in connection with space leased from Gagliano.1 We reverse.

I.

¶ 2 This appeal has its genesis in a May 22, 2000, lease between Gagliano, as landlord, and Electronic Printing Systems,

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