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MEXICAN HASS AVOCADO IMPORTERS v. PRESTON/TULLY

No. 09-CV-5522(JS)(WDW).

838 F.Supp.2d 89 (2012)

MEXICAN HASS AVOCADO IMPORTERS ASSOC., Plaintiff, v. The PRESTON/TULLY GROUP INC., Defendant.

United States District Court, E.D. New York.

January 23, 2012.

Attorney(s) appearing for the Case

Anthony Filosa, Esq. , David I. Rosenberg, Esq. , Rosenberg, Fortuna & Laitman, LLP, City, NY, for Plaintiff.

E. Christopher Murray, Esq. , Ruskin Moscou Faltischek, P.C., Uniondale, NY, for Defendant.

MEMORANDUM & ORDER

SEYBERT, District Judge:

Plaintiff Mexican Hass Avocado Importers Association ("MHAIA" or "Plaintiff") commenced this diversity action on December 17, 2009 against Defendant Preston/Tully Group Inc. ("Preston/Tully" or "Defendant") asserting claims for breach of contract, an accounting, and fraud. On June 20, 2011, Plaintiff moved for partial summary judgment as to liability on its breach of contract claim. On July 21, 2011...

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